3dibram
N THE CUSTODY OF THE
BOSTON PUBLIC LIBRARY.
SHELF N°
ADA as
or.fr
fnt
LAWS
OF THE
UNITED STATES
IN THREE VOLUME!
VOL. II.
PUBLISHED BT AUTHORITY.
P'HJL AD EL PHI A:
t XI NT ED BY RICHARD SOL WELZ,
No. 33, MULBERRY-STREET,
V*4«s
— ujjxi-^gafeaa."- ^mrrc
C T S
PASSED AT THE
FIRST SESSION
OF THE
SECOND CONGRESS
OF THE
United States of America,
BEGUN AND HELD AT THE CITY OF PHILADELPHIA-^
In the State of Pennsylvania, on Monday, the
Twenty-Fourth of 06lobers
IN THE YEAR M,ncCp£CI :
AND OF THE
Independence of the United States
THE SIXTEENTH.
e ju&sjmubujl .' /'.j ■■■g'aftt-.j.ifl'ia TgLtasr.Tmwftg
ACTS
OF
O N G RE S S.
««fr»..~,j..i»ilumii.iM,
CHAPTER I.
fn Ac! granting farther Time for making Re-
turn of the Enumeration of the Inhabitants in
the Di/iricl of South-Carolina.
E it enacted by the Senate and'Hjufe of Re* ,
prefentatives cf the United Slates of Ame-
rica in Congrefs affembied^ That it (hall be law-
ful for the manual of the diftrict of South-
Carolina to complete and make return of the Ti:"e ^T
enumeration of the inhabitants of the faid dif- tum'ef-*
tricl, to the Prefident of the United States,- in ^nded to
the form and manner prefcribed by the aft, /7^.
intituled, " An a£t providing for the enume-
ration of the inhabitants of the United States/'
St any time on or before the firft day of March
Siext, any thing in the faid acl to the contrary
fiotwithftanding.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS,. Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, November the eighth, 179 1 ;
GEORGE WASHINGTON,
Prefident of the United States-
r 6 ]
C H AFTER II.
An Aft for the Relief of David Cook and Tho-
mas Campbell.
Section i. "13 E li enacled by the Senate and
jj^jl Honfe cf Reprefenfafives of the
United States cf America, in Congrefs a(je?nbled,
j->. Cook That David Cook, a captain of artillery in the
srihnred a late war, and who. being mot through the ho-
' dy at the battle of Monmouth, is rendered in-
capable to obtain his livelihood by labor, mall
be placed on the penfion-lift of the United
States, and mall be entitled to one-third of his.
monthly pay, as a captain of artillery : Prc-
?. j ^ided, That he return into the treafury-office,
a fum equivalent to two-thirds of his commu-
tation cf half-pay, being the proportion of his
penfion to the amount of his commutation.
Sec. £. And be it further enacted, That Tho- .
mas Campbell be placed on the penficn-lift,
and that ihe half-pay of a captain of infantry
t Campj be allowed to the laid- Thomas Campbell, wjfio
hl- has been fo injures by repeated wounds in the
fervice of Ins country, that lie is unable t.o.fup-
port himfelfby labor: Provided, That he re-
turn into the treafury-office afum equivalent
to the whole cf his commutation cf half-pay.
JONATHAN TRUMBULL, Speaker
cf the Hoicfe of Reprefentati%cjs.
JOHN ADAMS, Vicc-Prefideni file United
States, and Prefident of the Senate.
^Approved, December flxtcenth, 1 791 :
GEORGE WASHINGTON,
Prk'fid&d sf'i'he United States*
I 7 3
C H A P T E R III.
An Acl making Appropriations for the Support
cf Government for the Tear one thoufand feven
hundred and ninety-two.
Section i . TTB E it enuCled by the Senate and
jL3 Houfe of Reprefen'aii-ves cfthe
United States of America, in Congrefs ajfembled.,
That for the fervice of the year one thoufand SpeciSc^
feven hundred and ninety-two, and the fup- g™*Jr{£
port of the civil lift of the United States, in-7 37^.
eluding the incidental and contingent expenfes
of the feveral departments and offices thereof,
there mail be appropriated a fum of money not
exceeding three hundred and twenty-nine thou-
fand, fix hundred and fifty-three aollars, and civiriiit
fifty- fix cents ; that is to fay,
For the compenfations granted by law to the tio^roTi7J
Prefident of the United States, the Vice-Prefi- p»fi4ent
dent, Chief Juftice, AfTociate Judges, and At- pjeiidenu
lorney General, fifty-three thoufand dollars. ^^ aild
■ . attorney- '
F©r the like compenfations to the Diftricl: general;
Judges, nineteen thoufand eight hundred dol- difirict
lars. ju-es;
For the like compenfations to the members members
of the Senate and Houfe of Representatives, —/'SSfr
and the officers and attendants of the two ofRepfe-'
Houfes, eftimated on a feffions of fix months officSSd
continuance, and including the travelling ex- attendants;
penfes of the members, one hundred and twen-
ty-nine thoufand, £even hundred and thirty
dollars. Secretary
• For the like compenfations to the Secretary of the tre"
and officers of the feveral departments of the fiuy,<fcrfa
Treafury of the United States 'including clerks daat^and
ar/d attejadgnts, a.nd tjje fahries of the refpec- loaa oS"
:?:\>.
t 8 3
Kvc loan-officers, fixfy thoufand three hundred!
dollars-.
Compeura- For the like compenfations to the Secretary
Trctar/' of" aml officers of the department of State, fix
natd and thoufand three hundred dollars.
Secretary ^ or the ^ke compenfations to the Secretary
of war and and officers of the department of War, nine
° "' thoufand fix hundred dollars.
Bodi-dcom- For the like compenfations to the members
de&r&e- of the Board of Commiffioners, for the fettle-
rnent of the accounts between the United States
and the individual ftates, including clerks and
attendants, thirteen, thoufand one hundred dol-
lars.
Governors, For the like compenfations to the Gover-
othfroffi- nor's, judges and other officers of the Weftern
cers of w. Territory of the United States, including con-
tuncory. tingencies-, eleven thoufand dollars.
For the payment of the annual- grant to
B.steufcen, Baron Steuben, purfuantto an act of Congrefs,i
two thoufand five hundred dollars,'
jtenfions. For the payment of fundry pen-lions grant-
ed by the late government, two thoufand fever*
hundred and fixty-feven dollars, and feventy-
three cents.
incidental' For defraying all other incidental and con-
cwinift °f thigent expenfes of the civil lift eftabMfhment,
&c.andtrie including firewood,- ftationary, together with
atcoHgreS tne printing work, and all other contingent
&c expenfes of the two Houfes of Congrcfs, rent
and office-expenfes of the three feveral depart-
ments, namelv, Treafury, State, War, and of
the General Board of Commiffioners, twenty-
one thoufand five hundred and fifty-five dol-
lars, and eighty-three cents.
Sec. 2. And he it further enacled, That the
t 9 J ''
'cbnipenfation to the door-keepers of the two T«»thedoo*
Houies, for fervices which have been hereto- scpers*
fore rendered, or may be rendered in the recefs
of Congrefs for the year one thoufand feven
hundred and ninety-two, and certified by the
President of the Senate or Speaker of thelioufe
of Reprefentatives, in manner required by law,
for like fervices during feflions, mall- be dif-
charged out of the money herein before appro-
priated for the contingent expenfes of the two
Houfes of Congrefs*
Sec. 3. And be it fur the?- enacted, That for
difcharging certain liquidated claims upon the *™ \}^ai
United States, for making good deficiencies in claims, de-
ormer appropriations for the fiipport of the cfvfnift51"
civil lifi-eftablilnmentj and for aiding the fund payment of
appropriated for the payment of certain officers ff Marts'0'
of the courts, jurors and witneffes, and for the & ten cut*
eftablifhment of teii cutters.; there mall be ap- ters'
propnated a funl of money not exceeding one
hundred and ninety-feven thoufand., one hun-
dred, and nineteen dollars, and forty-nine cents j
that is to fay.
For difcharging a balance due on a liquida-
ted claim of his moft Chriflian Majefty ag'ainft Balance
the United States, for fupplies during the late ^riffia
war, nine thoufand and twenty dollars, and majefty,
fixty-eight cents*
For payment of the principal and intereft on .
a liquidated claim of Oliver Pollock, late com- o.aFoVockf
iiiercial agent of the United StateSj at New-
Orleans, for fupplies of clothing, arms and
military ftores, during the late war, one hun-
dred and eight thoufand, fix hundred and five
dollars, and two cents: Provided^ That the
Faid monies be aot paid to the faid Oliver Pol*
Vol. II, B
[ 1° ]
lock, without the confent of the agents of the
court of Spain.
dcfofd'vii ^or ma^nK g°°d deficiencies in the laft ap-
iift. propriations for the compenfations to fundry
officers of the civil lilt-eltablifhment, five thou-
land four hundred and feventy-one dollar's.
For fundry f61. defraying fundry authorized expenfes to
cxpcuics. J O J A
tlie commiffioners of loans in the feveral ftates,
twenty-one thoufand dollars.
For defraying a balance of certain liquidated
and contingent expenfes in the treafury-depart-
ment, two thoufand eight hundred dollars.
For defraying the additional expenfes of the
enumeration of the inhabitants of the United
States, nineteen thoufand feven hundred and
feventy-two dollars and feventy-nine cents.
For making good a deficiency in former ap-
propriations, to difcharge the expenfes ":o cleiks,
jurors and witneffes in the courts of the United
States, five thoufand dollars.
For the maintenance and repair of iight-
houfess beacons, piers, flakes and ouoys, fix-
teen thoufand dollars.
For the expenfe of keeping prifoners com-
mitted under the authority of the United States^
four thoufand dollars.
For the expenfe of clerks and books in ar-
ranging the public fecurities, two thoufand four
hundred and fifty dollars.
For the purchafe of hydrometers for the uf»
of the officers in the execution of the laws of
revenue, one thoufand dollars.
For the farther expenfe of building and equip-
ping ten cutrers, two thoufand dollars.
Sec. 4. And be it further enabled, That for
[ « 1
the fuppoft of the military eftablifhment of the For miiiu-
United States, in the year one thoufand feven ryeftabKfh-
hundred and ninety-two, the payment of the x*g2.
annual allowances to the invalid penfioners of
the United States, for defraying all expenfes
incident to the Indian department, and for de-
fraying the expenfes incurred in the defenfive
protection of the frontiers againft the Indians,
during the years one thoufand feven hundred
and ninety, and one thoufand feven hundred
and ninety-one, by virtue of the authority vef-
ted in the President of the United States, by the
acts relative to the military eftablifhment, palfed
the twenty-ninth of September, one thoufand
feven hundred and eighty-nine, and the thirti-
eth of April, one thoufand feven hundred and
ninety, and for which, no appropriations have
been made, there fhall be appropriated a fum
of money, not exceeding five hundred and thir-
ty-two thoufand, four hundred and forty-nine
dollars, feventy-fix cents, and two thirds of a.
cent ; that is to fay,
For the pay of the troops, one hundred and
two thoufand fix hundred and eighty-fix dol-
lars.
, For fubfiftence, one hundred and nineteen
thoufand, fix hundred and eighty-eight dollars,,
and ninety-feven cents.
For clothing, forty-eight thoufand dollars.
For forage, four thoufand one hundred and
fifty-two dollars.
For the hofpital-department, fix thoufand
dollars.
For the quarter-matter's department, fifty
thoufand dollars.
For the ordnance department, feven thou-
c M j
fand two hundred and four dollars and fixty-.
four cents,
For the contingent expenfes of the war de-
partment, including maps, hire of exprefles,
allowances to officers for extra-expenfes j print-
ing, lofs of ftores of ail kinds, advertifing and
apprehending deferters, twenty thoufand dol-
lars.
Ccmpenf»r J?oy the difcharge of certain funis due for
tf'iy officers", pay and fubfiftence of fundry- officers of the
&c- late army, and for pay of the late Maryland
line, for which no appropriations have been
made, ten thoufand four hundred and ninety
dollars, and thirty-fix cents,
„ . ,. , For the payment of the annual allowances
To ' mva4id . . . , A J n . , r . r ^
penfioners. to invalid penfioners, eignty-leven tnouland
four hundred andfixty-three dollars, fixty cents,
and two thirds of a cent,
Indian de- For defraying all expenfes incident to the
par mqn .. jnjjan department, authorized by law, thirty--
nine thoufand four hundred and twenty-four
dollars, and feventy-one cents,,
frontiers, For defraying the expenfes incurred in the
defenfive protection of the frontiers, as before
recited, thirty-feven thoufand, three hundred
and thirty-nine dollars, and forty-eight cents.
Sec. 5. And he it further enacled^ That the
ibr^he f^ feveral appropriations, herein before made, (hall
veraiap. be paid and difcharged out of the funds follow^
Km" ing, to wit ; firll,' out of the fum of fix hun-
dred thoufand dollars, which, by the acl:, inti-.
tuled, " An acl making provifion for the debt
of the United States," is referved, yearly, for
the fupport of the government of the United
States, and their common defence j andfecond-*
Jy, out of fuch furplus as fliall have accrued to,
[C *3 p
the end of the prefent year, upon die revenue?
heretofore eftablifhed, over and above the funis
neceffary for the payment of intereft on the
public debt during the fame year, and for fa-
tisfying other prior appropriations.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vicc-Prefident of the United
States, and Prefident of the Senate »
Approved, December twenty-third, 1791 :
GEORGE WASHINGTON,
Prefident of the United States*
nw.TiflUSBJa i1 y,'ft.ira
CHAPTER IV.
Jin Act for carrying into Effect a Contract be->
tween the United States and the State of Penn"
fyhania.
1 OR duly conveying to the ftate of Penn-
fylvania a certain tract of land, the right
to the government and jurifdidlion whereof was
relinquifhed to the faid ftate by a refolutioh of
Congrefs of the fourth day of September, in the
year one thoufand feven hundred and eighty
eight, and whereof the right of foil has been .
fold by virtue of a previous refolution of Con-
grefs of the fixth day of June in the faid year ;
Be it enacted by the Senate and Houfe of Re- frs.& of
prefentatives of the United States of America in ,and con-
Congrefs affembled, That the Prefident of the Pennfyiva-
United States be authorized, on fulfilment of ™a on cer-
jhe terms ftipulated on the part of the ftate of dona™" l"
i
l U ]
Pennfylvania, to iflue letters patent, in the name
and under the feal of the United States, grant-
ing and conveying to the faid ftate forever the
faid tracl of land, as the fame was afcertained
by a furvey made in purfuance of the refol'u-
tion of Congrefs of the fixth day of June, one
ihoufand feven hundred and eighty-eight.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefenta lives.
JOHN ADAMS, Yice-Prefident of the United
States , and Prefident of the Senate.
Approved, January the third, 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER V.
An Act to extend the Time limited for fettling
the Accounts of the United States with the In-
dividual States.
Sec. 1. "13 E it enacled by the Senate and
Jt3 Hot/fe °f Reprefentatives of the
United States of America, in Congrefs ajfembled,
Board com- That the powers of the Board of Commiflion-
for tmi& ers, which, by an act paffed in the fecond fef-
m&rftofac. flon 0f the fij-ft Congrefs, was eftablifhed to
ikiTedtm"' fettle the accounts between thg United States
J??3- and individual ftates, fhall continue until the
firft day of July, one thoufand feven hundred
and ninety-three, unlefs the bufmefs fhall be
fooner accompliihed.
Sec. 2. And be it further enacled, That the
aforefaid a£t fhall extend to the fettlement of
C '5 1
the accounts between the United States and To fettfe
the ftate of Vermont : and that until the firft with Ver-
day of December next, (hall be allowed for the mont'
faid ftate to exhibit its claims.
Sec. 3. And be it further enacled, That from
and after the palling of this aft, the pay of the Pra^c°fal
principal clerk of the faid Board fhall be the clerk,
fame as the pay of the principal clerk in the
Auditor's office.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentati-ves.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, January the twenty-third, 1792-:
GEORGE WASHINGTON,
Prefident of the United States.
CHAP T E R VI.
An Acl concerning certain Fijherics of the United
Slates, and for the Regulation and Government
of the Fifnermen employed therein.
Section 1 . "Wy E it enacled by the Seriate and
_J~J| Houfe of Rcprejhitcrtives cf the'
United Sta.tes of America in Congrefs aff'embled^
That the allowance now made upon the expor- A]lowance
tation of dried fifh of the fifheries of the United in lieu of
States, in lieu of a drawback of the duties paid ^p*rL
on the fait ufed in preserving the fame, fhall tkm of dri-
ceafe on all dried fifh exported after the tenth jJJJJf
day of June next, and as a commutation and juie 1 792..
equivalent therefor, there fhall be afterwards
and as an pa]j on the laft day of December annually, to
equivalent, *, r rr 1 1 • i i
eachfifliF the owner or every veiiel or his agent, by the
"li vc?1 collector °f the diftrid where fuch veiiel may
fiim at- belong, that fhall be qualified agreeably to law,
coding to for carrying on the bank and other cod fifli-
to exceed eries, and that mall actually have been employ-
170 dollars. cc\ therein at fea for the term of four months
at the leaft, of the fifhing feafon, next preced-
ing which feafon is accounted to be from the
laft day of February to the laft day of Novem-
ber in every year, for each and every ton of
fuch veffePs burthen according to her admea-
furement as licenfed or enrolled,, if of twenty
tons and not exceeding thirty tons, one and
an half dollars ; and if above thirty tons,' two
and an half dollars j of which allowance afore-
i^id, three-eighth parts mall accrue and be-
long to the Owner of fuch fifhirtg veffel, and
the other five eights thereof mall be divided by
him, his agent or lawful reprefentative, to and
among the feveral fifhermen who fhall have
been employed in fuch veffel during the feafon
aforefaid, or a part thereof, as the cafe may be,
in fuch proportions as the fifh they (hall re-
fpeclively have taken may bear to the whole
quantity of nih taken on board fuch veffel dur-
ing fuch feafon : Provided* That the allow-
ance aforefaid on any one. veiiel, for one fea-
fon, fhall not exceed one hundred and feven-
ty dollars.
Sec. 2. And be it further enacled, That on
Annual ai- the laft dav of December annually, as afore-
SSvrf- faid> there 'fhall alfo be paid to the owner of
-jch above 5 every timing boat or veffel of more than five
tons, and lefs than twenty tons, or to his agent
or lawful reprefentative, by the collector of the
diftrict where fuch boat or veffel may belong,
the fum of one dollar upon every ton admea-
C '7 ]
furement of fuch boat or veffel ; which allow-
ance Avail be accounted for as part of the pro-
ceeds of the fares of faid boat or veffel, and
fhall accordingly be fo divided among all per-
sons interefted therein : Provided however,
That this allowance fhall be made only to fuch
boats or veffels as mall have actually been em-
ployed at fea in the cod filhery for the term
of four months at the lead of the preceding fea-
fon : And provided alfo, That fuch boat or
veffel mall have landed in the courfe of faid d hat
preceding feafon, a quantity of filh not lefs regulations,
than twelve quintals for every ton of her ad-,
meafurement ; the faid quantity of fifh to be
afcertained when dried and cured fit for ex-
portation, and according to the weight thereof,
as the fame mall weigh at the time of delivery
when actually fold ; which account of the
weight, with the original adjuftment and fet-
tlement of the fare or fares among the owners
-and fiihermen, together with a written account
of the length, breadth and depth of faid boat
or veffel, and the time flic has actually been
employed in the fifhery in the preceding fea-
fon, fhall in all cafes be produced and fworn or
affirmed to, before the faid collector of the dif-
trict, in order to entitle the owner, his agent or
lawful reprefentative, to receive the allowance
aforefaid. And if at any time within one year
after payment of fuch allowance, it fhall ap-
pear that any fraud or deceit has been praclifed
in obtaining the fame, the boat or veffel upon
which fuch allowance fnall have been paid, if
found within the diftrict. aforefaid, fhall be for-
feited ; otherwife the owner or owners having
praclifed fuch fraud or deceit, mall forfeit and
pay one hundreddollars ; tobefued for, recover-
ed and appropriated in like manner as forfeitures
Vol. II. G
£ is ]
and penalties are to be fued for, recovered and
appropriated for any breach of an act, entitled,
" An act to provide more effectually for the
collection of the duties impofed by law on
goods, wares and merchandize imported into
• the United States, and on the tonnage of mips
or veffels."
Sec. 3. And be it further enabled, That the
fifbhiTvef- owner or owners of every fifhing veffel of
ids how to twenty tons and upwards, his or their agent
cbtahithe0 or lawful representative, mall previous to re-
allowances ceiving the allowance which is provided for in
thfsaa. y this a&3 produce to the collector who is authori-
zed to pay the fame, the original agreement or
agreements which may have been made with the
fifliermeil employed on board fuch veffel, as is
•herein before required, and alfo a certificate to
hz by him or them fubferibed, therein men-
tioning the particular days on which fuch vef-
fel failed and returned on the feveral voyages
or fares, me may havemade in the preceding
fifhing feafon, to the truth of which they mall
iwear or affirm before the collector aforefaid.
Sec. 4. And he it further enacled, That no
ihip or veffel of twenty tons or upward:;, em-
ployed as aforefaid, mail be entitled to the al-
lowance granted by this act, unlefs the napper
or mafter thereof mall, before he proceeds on
any fifhing voyage, make an agreement in wri-
ting or in print, with every fifherman employ-
ed therein, excepting only any apprentice or
fervant of himfelf or owner ; and in addition
to fuch terms of fhipment as may be agreed oh,
fhall in fuch agreement exprefs whether the
fame is to continue for one voyage or for the
fifhing feafon, and fhall alfo exprefs that the
flih cr the proceeds of fuch fifhing voyage or
C '9 ]
voyages which may appertain to the fimermen, owners of
fhaii L>e diviaed among them in proportion to fds b°w to
the quantities or number of faid fifti they may proceed to
refpeclively have caught ; which agreement allowances
fhall be endbrfed or counterfigned by the own- granted hf
er of fuch foiling veffel, or his agent : And if 1Ibai" '
an] fiffye/nian having engaged himfelf for a
voyage or for the fifhing feafon, in any timing
veffel, and figned an agreement therefor as
afor*efaid, (hall thereafter and while fuch a^ree-
ment remains in force and to be performed,
defert or abfent himfelf from fuch veffel, with-
out leave of the mailer or fkipper thereof, or
of the owner or his agent, fuch deferter mall
be liable to the fame penalties as deferring fea-
men or mariners are fubjecl to in the mer-
chant's fervice, and may in the like manner, and
upon the like complaint and proof, be appre-
hended and detained j and all coils of procefs
and commitment if paid by the mailer or own-
er, ihall.be deducted out of the (hare of fifh,
or proceeds of any fifhing voyage to which
fuch deferter had or mail become entitled.
And any fifherman, having engaged himfelf as
aforefaid, who mall during fuch liming voyage,
refufe or neglect his proper duty on board the
fifhing veffel, being thereto ordered or requir-
ed by the mafler or fkipper thereof, or fhall
otherwife refifl his jufl commands, to the hin-
drance or detriment. of fuch voyage, befide
being anfwerable for all damages anting* there-
by, mail forfeit to the ufe of the owner of fuch
veffel, his fhare of the allowance, which fhall
be paid upon fuch voyage as is herein granted.
Sec. 5. And be it further enacted, That where
an agreement or contract fhall be fo made and
tigned, for a timing voyage or for the fifhing
feafon, and any fiih which may have been
[ 20 ]
fin"-ncJSO/ cailgQt on board fuch veffel during the fame,
te»s hbw tJ ftall be delivered to the owner or to his agent,
proceed to for cure, and fhall be fold by faid owner or
allowances agent, fuch veffel mall for the term of fix
gmmed by m0nths after fuch fale, be liable and anfwera-
ble for the fkipper's and every other fifher-
man's fhare of fuch fifh, and may be proceeded
againft in the fame form, and to the fame ef-
fect as any other veffel is by law liable, and
may be proceeded again ft for the wages of
feamen or mariners in the merchant's fervice.
And upon fuch procefs for the value of a fhare
- or fhares of the proceeds of hfh delivered and
fold as aforefaid, it mail be incumbent on the
Owner or his agent, to produce a juft account
of the fales and divifion of fuch fifh according
to fuch agreement or contract, otherwife the
faid veffel (hall be anfwerable upon fuch pro-
cefs for what may be the highelt value of the
fhare or fhares demanded. But in all cafes,
the owner of fuch veffel or his agent, appear-
ing to anfwer to fuch procefs, may offer there-
upon his account of general fupplies made for
fuch fifhing voyage, and of other fupplies there-
for made, to either of the demandants, and fhall
be allowed to produce evidence thereof in an-
fwer to their demands refpeclively, and judg-
ment fnali be rendered upon fuch procefs, for
the refpe&ive balances, which upon fuch an
enquiry fhall appear : Provided altvays, That
when procefs fhall be iffued againft any veffel
liable as aforefaid, if the owner thereof or his
agent will give bond to each fifherman in whofe
favour fuch procefs fhall be inftituted, with
fufficient fecurity, to the fatisfaction of two
pftices of the peace, one of whom fhall be
named by fuch owner or agent, and the other
fey the fiherman or fimermen purfuing fuch
c 2. 1
procefs ; or if either party fhall refufe, then
the juflice f]ril appointed fhall name his affoci-
ate, with condition to anfwer and pay what-
ever fum mail be recovered by him or them on
fuch procefs, there mail be an immediate dis-
charge of fuch veflel : Provided, That nothing
herein contained mail prevent any fifherman
from having his action at common law, for his
iliare or mares of fifh, or the proceeds thereof
as aforefaid. t
Sec. 6. And be it further enacled, That the Drawback,
drawback heretofore allowed on the exporta- on ialted
tion of foreign dried and pickled fifh, and repealed^
other foreign faked provifions, be and the and
fame is hereby repealed.
Sec. 7. And be it further enacled. That the mon;es arjL
monies which fhall remain in confequence of fi«g tfore-
the abolition, of the allowance on the exporta- pr00prtplCd
tion of the dried filh of the United States, and to pay &i-
of the drawback on foreign dried and pickled gZrS\y
fifh, and other foreign faked provifions, be, thUafls)
and the fame are hereby appropriated to the
payment of the allowances granted by this act.,
and in cafe the monies fo appropriated fhall be
inadequate, the deficiency mail be fupplied out
of any monies which from time to time mall
be in the treafury of the United States, and
not otherwife appropriated.
Sec. 8. And be it further enacled, That any
perfon who fhall declare falfely in any oath or ?eri"l}J °»
affirmation required by this act, being duly falfely.
convicted thereof in any court of the United
States, having jurifdiclion of fuch offence, fhall
fuffer the fame penalties as are provided for
falfe fwearing or affirming, by the act before-
mentioned, and to be in like manner fued for,
recovered and appropriated.
t « ]
Limitation. Sec. 9* ^n^ ^c ?f farther enacted, That this
aft fhall continue and be in force for the term
of feven years, and from thence to the end of
the next lemon of Congrefs, and no longer.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentathes.
JOHN ADAMS, Vice-Prcfident of 'the United
States, and Prefident of the Senate.
Afproved, February fixteenth, 179- ;
GEORGE WASHINGTON,
Prefident of the United Slates.
CHAPTER VII.
An Act to eflablifh the Pofi-Officeand Po/2-Rcads
within the United States.
(repealed.)
CHAPTER VIII.
An Acl j-elati<ve to the Eleclion of a Prefident and
Vice -Prefident of the United States, and declar-
ing the Officer who fhall act as Prefident in
Cafe of Vacancies in the Offices both of Prefi-
dent and Vice-Prefide?it.
Section i."jn|E it enacled by the Senate and
J|3 Houfe of Reprefenfatives of the
states kow United States of America in Congrefs affembled,
to appoint That except in cafe of an eleclion of a Prefident
ekaiono/ ^nc^ Vice-Prefident of the United States, prior
prefident & to the ordinary period as hereinafter fpecified^
den* fre " electors mall be appointed in each ftate for the
election of a Prefident and Vice-Prefident of
the United States, within thirty-four days pre-
ceding the firil Wednefday in December, one
moufand £even hundred and ninety-two, and
C 23 3
within thirty-four days preceding the firft Wed*
nefday in December in every fourth year fuc-
ceeding the laft election, whjch electors mall be
equal to the number of Senators and Reprefen-
tatives, to which the feveral dates may by law
be entitled at the time, when the Prefident and
Yice-Prefident, thus to be chofen, mould come
into office : Provided always t That where no
apportionment of Reprefentatives mail have
been made after any enumeration, at the time
of chufing electors, then the number of elec-
tors mail be according to the exifting appor-
tionment of Senators and Reprefentatives.
Sec. 2. And be it further enarled, That the when t©
electors fliall meet and give their votes on the meet aud
o vote •
faid firft Wednefday in December, at fuch place
in each ftate as mail be directed by the legifla-
ture thereof ; and the electors in each ftate mail
make and fign three certificates of all the votes to %» 3
by them given, and iha.ll feal up the fame; cer- ofaii th.e
drying on each that a lift of the votes of fuch votesgivea,
ftate for Prefident and Vice-Prefident is con- i10w t0 be
tained therein, and mail by writing under their difpofedof,
hands, or under the hands of a majority of
them, appoint a perfon to take charge of and
deliver to the Prefident of the Senate, at the
feat of government before the firft Wednefday
in January then next enfuing, one of the faid
certificates, and the faid electors fliall forthwith
forward by the poft-office to the Prefident of
the Senate, at the feat of government, one
other of the faid certificates, and fliall forth-
with caufe the other of the faid certificates, to
be delivered to the judge of that diftrict in
which the feid electors fliall affemble.
Sec. 3. And be it further enacted, That the Duty of ex-
executive authority of each ftate mall caufe ^^S
three lifts of tlje names of the elector^ of fuch
r 24 ]
Hate to be made and certified, and to be deli-
vered to the electors on or before the faid firft
Wednefday in December, and the faid electors
fhall annex one of the faid lifts to each of the
lifts of their votes.
of Sec. of Sec. 4. And be it further enacled. That if a
ftate on lift of votes, from any ftate (hall not have been
non-receipt , T r J r- i r • 1
of im of received at the feat ot government on the laid
rotes. firft Wednefday in January, that then the Se-
cretary of State fhall fend a fpecial meffenger
to the diftrict judge, in whofe cuftody fuch lift
fhall have been lodged, who fhall forthwith
tranfmit the fame to the feat of government.
Congrefsto Sec. 5. And be it further enacted, That Con-
on^/wed11- grefs fl^11 be infpffion on the fecond Wednef-
nrfday in day in February, one thoufand feven hundred
Feb. 1793. anj nineiy-three, and on the fecond Wednef-
day in February fucceeding every meeting of
the electors ; and the faid certificates, or fo ma-
ny of them as fhall have been received, mall
then be opened, the votes counted, and the
perfons who fhall fill the offices of Prefident
and Vice-Prefident afcertained and declared,
agreeably to the Conftitution.
Duty of Sec. 6. And be it further entitled, That in
fentwith cafe there fhall be no Prefident of the Senate
lifts of at the feat of government on the arrival of the
perfons entrufted with the lifts of the votes of
the electors, then fuch perfons fhall deliver the
lifts of votes in their cuftody into the office of
the Secretary of State, to be fafely kept and
delivered over as foon as may be, to the Pre-
fident of the Senate.
Sec. 7. And be it further enacted, That the
to theni. perfons appointed by the electors to deliver the
lifts of votes to the Prefident of the Senate,
fhall be allowed on the delivery ?f the faid lifts
votes ;
allowance
t 35 ]
twenty-five cents for every mile of the eflima-
ted diftance by the mod ufual road, from the
place of meeting of the electors, to the feat of
government of the United States.
Sec. 8. And be it further enacted, That if Penalty on
any perfon appointed to deliver the votes of *eir ne-
ttle electors to the Prefident of the Senate, ty!
mail after accepting of his appointment, neglect
to perform the fervices required of him by this
act, he mall forfeit the fum of one thoufand
dollars.
Sec. 9. And be it further enacted, That in provifion
cafe of removal, death, refignation or inability *n c*fe ^ ,
both of the Prefident and Vice-Prefident of the of pr'di
United States, the Prefident of the Senate pro den'! fndv°
tempore, and in cafe there fhall be no Prefident
of the Senate, then the Speaker of the Houfe
of Reprefentatives, for the time being, fhall a6l
as Prefident of the United States until the dis-
ability be removed or a Prefident fhall be elected.
Sec. 10. And be it further enacted, That duty of s.
whenever the offices of Prefident and Vice- «f(|at,-"on
lucn event«
Prefident fhall both become vacant, the Secre-
tary of State fhall forthwith caufe a notifica-
tion thereof to be made to the executive of
every flate, and fhall alfo caufe the fame to be
publifhed in at leafl one of the newfpapers
printed in each flate, fpecifying that electors of
the Prefident of the United States fhall be ap-
pointed or chofen in the feveral ftates within
thirty- four days preceding the firfl Wednefday
in December then next enfuing : Provided,
There fhall be the fpace of two months be-
tween the date of fuch notification and the faid
firfl Wednefday in December; but if there fhall
not be the fpace of two months between the
date of fuch notification and the firfl Wednef-
Vol. II. D
C 26 J
day in December, and if the term for wnicfif
the Prefident and Vice-Prefident laft in office
were elected mall not expire on the third day
of March next enfuing, then the Secretary of
State mail fpecify in the notification that the
electors mail be appointed or chofen within
thirty-four days preceding the firft Wednef-
day in December in the year next enfuing,
within which time the electors fhall according-
ly be appointed or chofen, and the electors
ihall meet and give their votes on the faid firft
Wednefday in December,, and the proceedings
and duties of the faid electors and others fhall
be purfuant to the directions prefcribed in this
ad*
Evidence Sec. ii. And be it further enacled, That the
&crCof of-r Gnty eyidence °f a refufal to accept, or of a
ficcofprefi- refignation of the, office of Prefident or Vice-
dent, &c. prefident, fhall" be an inftrument in writing de-
claring the fame, and fubfcribed by the perfon,
refufing to' accept or. refigning, as the cafe may
be, and delivered into the office of the Secre-
tary of State..
Sec. 12,. And be it further enacledx That the^
term of four years for which a Prefident and
Vice-Prefident fhall be elected:, fhall in all cafes
commence on the fourth day of March next
fucceeding the day on which the votes of the
electors fhall have been given.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice- Prefident of the United
States r and 'Prefident of the Senate..
Approved, March the ift, 1792:
GEORGE WASHINGTON*
Pref.dent of the United States
When the
term of 4
years fhall
commence
I 27 ]
CHAPTER IX.
An Acl for making farther and more cffcclual
Provifion for the Proteclion of the Frontiers of
the United States.
{repealed.)
CHAPTER X.
An Acl declaring the Confent of Congrefs to a cer-
tain Ac! of the State of Maryland, and to con-
tinue for a longer Time, an Ad: declaring the
Ajfent of Congrefs to certain Acls of the States
of Maryland, Georgia, and Rhode-Jfland and
Providence Plantations, fo far as the fame
■refpecls the States of Georgia, and Rhode-
Ifland and Providence Plantations.
(expired.)
«MlL«.l«[JlA%ltf» |JH,|...i.—
€ H A P T E R XT.
An Acl to provide for the Settlement of the Claims of
Widows and Orphans barred by the Limitations
heretofore eflablijhed and to regulate the Claims
>to invalid Penfions.
Section 1. "13-E ** cnacled by the Senate and
jJ3 Houfe of Reprefentatives of the
United States of America in Congrefs afjembled, Sufpcnfion
That the operation of the refolutions of the loT a y<fars
late Congrefs of the United States, pafled on refoiutiors
the fecond day of November, one thoufand ^rcr""^ref£
ifeven hundred and eighty five, and the twen- claim*.0
[ *» ]
ty third day of July, one thoufand feven hun-
dred and eighty feven, fo far as they have bar-
red, or may be conflrued to bar the claims of
the widow or orphans of any officer of the late
army, to the feven years half pay of fuch officer,
fhall, from and after the paffing this aft:, be
fufpended for and during the term of two years.
Difabied Sec. 2. And be it further enacled, That any
officers. &c, commiffioned . officer, not having received the
how to he , .• r r, ir j
placed on commutation or nalr-pay, and any non-com-
thepeufion miffioned officer, foldier or feaman, difabied in
the aclual fervice of the United States, during
the late war, by wounds or other known caufe,
who did not defert from the faid fervice, mall
be entitled to be placed on the penfion lift of
the United St tes, during life or the continu-
ance of fuch disability, and fhall alfo be allow-
ed fu h farther fum for the arrears ofpenfion,
from the time of fuch difability, not exceeding
the rate of the annual allowance, in confe-
quence of his difability, as the circuit court of
the di iric~t, in which they refpeclively refide,
may think juft. Provided, That in every fuch
cafe, the rules and regulations following mail
be complied with ; that is to fay : Firft ;
Every applicant fhall attend the court in per-
fon, except where it fhall be certified by two
magiftrates that he is unable to do fo, and fhall
produce to the circuit court, the following
proofs, to wit : A certificate from the com-
manding officer of the fhip, regiment, corps or
company, in which he ferved, fetting forth his
difability, and that he was thus difabied while
in the fervice of the United States ; or the
affidavits of two credible witneffes to the fame
effect : The affidavits of three reputable free-
holders of the city, town, or county, in which
he refides, afcertaining of their own know.
[ *9 ]
ledge, the mode of life, employment, labor, .
or means of fupport of fuch applicant, for the
lift twelve months. Secondly; The circuit
court, upon receipt of the proofs aforciaiu, {hall
forthwith proceed to examine into the nature
of the wound, or other caufe of difability of
fuch applicant, and having ascertained the de-
cree thereof, mall certify the fame, and tranf-
mit the refult of their enquiry, in caie, m their
opinion, the applicant mould be put on the
penfion-lift, to the Secretary at War, together
with their opinion in writing, what proportion
of the monthly pay of fuch applicant will be
equivalent to the degree of difability ascertain-
ed in manner aforefaid.
Sec. 3. And be ii further enacted. That the
clerk of the diftricl court, in each diftricf., fhall crier': to
publifh this ad in fuch manner as the judge of; ^b!'^'s
the diftricl: court mall think effectual to give notice
general information thereof to the people of JiftriA
the diftricl:, and fhall give like information of court meets
the times and places of holding the circuit &c'
courts m fuch diftricl. And \\\ diftritls where-
in a circuit court is not drrecxed by law to be
holden, the judge of the diftricl court fhall be,
and he hereby is authorized to exercife all the
powers given by this aft to the respective circuit
courts. And it mall be the duty of the judges duty of the
of the circuit courts reflectively, during the Judscs'
term of two years from the palling of this acl,
to remain at the places where the faid courts
fhall be holden, five days at the leaft from the
time of opening the feflions thereof, that per-
fons difabled as aforefaid, may have full oppor-
tunity to make their application for the relief
propofed by this acl.
$ec. 4. And be it further enacled, That the
t 3° ]
Secretary at War, upon receipt of the proofs,
* war. *°' certificate and opinion aforefaid, mall caufe the
fame to be duly filed in his office, and place
the name of fuch applicant on the penfion-lifl
of the United States, in conformity thereto :
Provided ahvays , That in any cafe, where the
faid Secretary fhall have caufe to fufpect im-
pofition or miftake, he mail have power to
withhold the name of fuch applicant from the
penfion-lifl, and make report of the fame to
Congrefs, at their next feflion.
Difabicd ^ec. 5* ^nd ^e ^ further enacted, That all
.peribns non-commiffioned officers, foldiers and feameri,
r^lnl difabled in the a&ual fervice of the United
'imitations, ....
to be pia- States, during the late war, whofe difability
£&n°m.Ca~ an^ rat€ °^ allowance have been afcertained,
purfuant to the regulations prescribed by the
late Congrefs, and have not applied to be
placed on the penfton-lifl, until after the time,
limited by the act of Congrefs for that pur-
pose, was expired, fhall now be placed on the
pennon-lift, and be entitled to demand and
receive their refpective penfions, according to
the allowances afcertained as aforefaid, any
thing in this ac\ or any act. of the late Con-
grefs, to the contrary, notwithftanding.
Sec. 6. And be it further enacled, That from
Ac. of pen- and after the paffing of this act, no fale, tranf-
fio«, before f^ or mortgage of the whole or any part of
iid,'& how the penfion or arrearages of penfion, payable
paid to at- t0 any non-commiffioned officer, foldier or fea-
man, before the fame fhall become due, fhall
be valid. And every perfon, claiming fuch pen-
fion or arrears of penfion, or any part thereof,
under power of attorney or fubftitution, fhall,
before the fame is paid, make oath or affirma-
tion before fome juftice of the peace of the
place where the fame is payable, that fuch
[ 3' ]
power or fubftitution is not given by reafon of
any transfer of fuch penfion, or arrears of pen-
iion, and any perfon, who fhall fwear or affirm
falfely in the premifes, and be thereof convic-
ted, fhall fufFer, as for wilful and corrupt per-
jury.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vke-Prefident. of the United
States, and Prejident of the Senate.
Approved, March the 23d, 1792:
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XII.
An Ad providing for the Settlement of the Claims'
of Perfons under particular Circumftances bar-
red by the Limitations, heretofore eflablifhed.
Seclion 1. "0[E it enacled'by the Senate and
J[3 Houfe of Reprefentatives of the
United States of America in Congrefs ajfembled,
That the operation of the refolutions of the Limitation*
late Congrefs of the United States,, paifed on of claims
the fecond day of November, one thoufand rdWutions
feven hundred and eighty-five, and the twen- fufpended
ty-third day of July, one thoufarrd feven hun-
dred and eighty-feven, fo far as they have bar-
red, or may be confbrued to bar the claims of
any officer, foldier, artificer, failor or marine
of the late army or navy of the United States,.
for perfonal fervices rendered to the United
States, in the military or naval department^
[ 3* 1
mall from and after the palling of this act, be
fufpended, for and during the term of two
years. And that every fuch officer, foldier,
» artificer, failor and marine having claims for
fervices rendered to the United States, in the
military or naval departments, who mah ex-
hibit the fame, for liquidation, at the Treafury
of the United States, at any time during the
laid term of two years, mall be entitled to an
adjustment, and allowance thereof on the fame
sot to ex- principles, as if the fame had been exhibited,
claims for within the term prefcribed by the aforefaid re-
ratipos,&c. fqlutions of Congrefs : Provided, That nothing
herein fliall be construed to extend to claims
for rations or fubfiftance money.
Sec. 2. And be it further enacted, That no
be rafter- balances hereafter to be certified, as due from
ed fa name the United States, mall be regiftered in any
claimant, other name, than that of the original claimant,
&c: or of his heirs, executors or adminiftrators ;.
and fuch balances mail be transferable only at
the Treafury, by virtue of powers actually ex-
ecuted after fuch regiftry, exprelhng the fum
to be transferred, and in purfuance of fuch
general rules, as have been, or mall be pre-
fcribed for that purpofe.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentathes.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, March the 27th, 1792:
GEORGE WASHINGTON,
Prefident of the United States.
C 33 ]
CHAPTER XIII.
An Ac! for the Relief of certain Widows, Orphans*
Invalids, and other Perfons.
Sec. i. "13 E it enacled by the Senate and
Jl3 Houfe of Reprefentatives of the
United States of America, in Congrefs affembled,
That the Comptroller of the Treafury adjufl Comptrok
the claims of the widows and orphans refpec- }eT l° ac-
tively, as the cafe may be, of the late colonel Sam^of
Owen Roberts, captain William White, lieu- Jf"""1 Tfe
tenant colonel Bernard Elliott, major Samuel orphans.
Wife, major Benjamin Huger, lieutenant John
Bam, and major Charles Motte, deceafed, all
of whom were killed or died in the fervice of
the United States, for the feven years half-pay for 7 years
ftipulated by the refolve of Congrefs of the ^f-Payj
twenty-fourth day of Auguft, one thoufand
feven hundred and eighty ; and that the Re-
gifler of the Treafury do iifue his certificates:
accordingly.
Sec. 2. And be it further enacted, That the
Secretary of the department of war be, and he
hereby is required to place on the invalid lift,
Timothy Mix, difabled in the late war, by the "J}£0*J
lofs of his right hand, while in the fervice of Abel Tuf-
the United States, at the rate of five dollars nc? pkced
per montn, to commence on the rourth day lift.
of February one thoufand feven hundred and
eighty-three. That the faid Secretary place on
the invalid lift, Abel Turney, mariner, difabled
while in the fervice of the United States, at the
rate of one dollar per month, to commence on
the firft day of January, one thousand feven ;;
hundred and eighty- one.
Sec. 3. And be it further 'enacted, That the
Vol. -II. "E
[ 34 ]
Comptrol-
ler to adjuft
the account
of Jofeph
Pannil.
©f the late
Brig. Gen.
De Haas.
Thoihas
M'Intire.
and regifter
toifiue cer-
tificates.
Comptrol-
ler to adjuft
the account
of Francis
£uzor De-
bevere.
arrears of the faid penfions be paid as the laws
direct, in fimilar cafes.
Sec. 4. And be it further entitled, That the
Comptroller of the Treafury be, and he hereby
is required to adjuft the accounts of Jofeph
Pannil, a lieutenant-colonel in the fervice of the
United States, as a deranged officer upon the
principles of the aft of the late Congrefs, of
the third of October one thoufand feven hun-
dred and eighty, and to allow him the ufual
commutation of the half-pay for life of a lieu-
tenant-colonel, and that the Regifter of the
Treafury be, and he hereby is required to grant
a certificate for the amount of the balance due
to him. That the Comptroller adjuft the ac-
count of the late brigadier general De Haas,
admitting to the credit of the faid account, fuch
fums as by evidence fhall appear to have been
advanced for the public fervice, and which have
been charged by the United States to the ofH-
•,'cers who have received the fame for the pub-
lic fervice, and that the faid Regifter do grant
a certificate for the balance due on fuch fettle-
rnent. The faid Comptroller adjuft the account
of Thomas 'M'Intire, a captain in the fervice of
the United States, during the late warj and
allow him the ufual commutation of the half-
pay for life of a captain, and that the faid Re-
gifter grant a certificate for the amount thereof
accordingly.
Sec. 5. And be it further ena&ed, That the
Comptroller of the Treafury be, and he hereby
is required to adjuft the account of Francis Su-
zor Debevere, a furgeon's mate in the fervice
of the United States during the late war, and
who remained in captivity to the end thereof,
and that the Regifter of the Treafury be, afid
c 3s :
he hereby is required to grant a certificate for
the amount which mail be found due for the
fervices of the faid Francis Suzor Debevere.
That the faid Comptroller adjuft the account
of Robert King, as a lieutenant, deranged upon Robt.KJng.
the principles of the act of the late Congrefs,
paffed the twenty-fourth day of November, one
thoufand feven hundred and feventy-eight, and
that the faid Regifter grant a certificate accord-
ingly. That the Comptroller adjuft the ac-
count of Lemuel Sherman, as a failing mailer Lemuel
of a galley on Lake Champlain, and as fuch
taken prifoner ; and that the faid Regifter ^jf cr
grant a certificate accordingly. certificates.
Sec. 6. And be it further enaded, That \hzro.
be granted to Nicholas Ferdinand Weftfall, Nicholas f.
who left the Britifh fervice and joined the army granta0f
of the United States, during the late war, one iand and
hundred acres of unappropriated land in the 33 ° ars*
weftern territory of the United States, free of
all charges, and alfo the fum of three hundred
and thirty-fix dollars, out of any money ap-
propriated to the contingent charges of go-
vernment.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, March the 27th, 1792 :
GEORGE WASHINGTON,
Prefident of the United States,
C 36 ]
CHAPTER XIV.
An Aft fupplemental to the Aft for making far-
ther and more ejfeftual Provifwn for the Pra-
te ft ion of the Frontiers cf the United States.
(repealed.)
CHAPTER XV.
An Aft for finifhing the Light-Houfe on Bald-
head at the Mouth of Cape Fear River in the
State of North-Carolina.
E it enafted by the Senate and lioufe of Re-
prefentatives of the United States of Ame-
rica in Congrefs ajfembled. That the Secretary
of the Treafury, under the direction of the
Prefident of the United States, be authorized,
secretary ,. as foon as may be, to caufe to be finimed in
tofoffhthe fucn manner as fhall appear advifable, the
light-houfe Hght-houfe heretofore begun under the autho-
headtnN. ritv of the ftate of North-Carolina, on Bald-
Caroliaa. head, at the mouth of Cape Fear river, in the
faid fiate : And that a fum, not exceeding four
thoufand dollars, be appropriated for the fame,
out of any monies heretofore appropriated,
which may remain unexpended, after fatisfy-
ing the purpofes for which they were appropri-
ated, or out of any other monies, which may
be in the Treafury, not fubjecl: to any prior
appropriation.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, April the fecond, 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
I 37 1
C H AFTER XVI.
An Acl efcabliflnng a Mint y and regulating the
Coin's of the United States.
Sec. i. O E' it enabled by the Senate and Mint en*.
J3 Houfe of Reprefentativsi of the
United States of America in Congrefs affembled,
and it is hereby enabled "and declared. That a mint
for the purpofe of a national coinage, be, and
the fame is eftablifhed ; to be fitiiate and car-
ried on at the feat of the government of the
United States, for the time being : And that
for the well conducting of the bufmefs of the
faid mint, there mail be the following officers
and perfons, namely ; a Director, an Afiayer,
a Chief Coiner, an Engraver, a Treafurer.
Sec. 2. And be it further enabled^ That the D;rea0r eo
Director of the mint fhall employ as many employ
clerks, workmen and fervants, as he mail from &°|" en'
time to time find neceffary, fubject to the ap-
probation of the Prefident of the United States.
Sec. 3. And be it further enabled, That the Dutyofth*
refpective functions and duties of the officers officers-
above mentioned fhall be as follow : The Di-
rector of the mint fhall have the chief manage-
ment of the bufinefs thereof, and fhall fuper-
intend all other officers and perfons who mall
be employed therein. The affayer fhall receive
and give receipts for all metals which may law-
fully be brought to the mint to be coined;
fhall affay all fuch of them as may require it,
and fhall deliver them to the chief coiner to
be coined. The chief coiner fhall caufe to be
coined all metals which fhall be received by
him for that purpofe, according to fuch regu-
lations as fhajl be prefcribed by this or any
future law. The engraver Jhall fmk and pre-
C 33 J
pare the neceffary dies for fuch coinage, with*
the proper devices and inscriptions, but it fhall
be lawful for the functions and duties of chief
coiner and engraver to be performed by one
perfon. The treafurer mall receive from the
chief coiner all the coins which mall have been
Jiruck, and mail pay or deliver them to the
perfons refpectively to whom the fame ought
to be paid or delivered : He fhall moreover
receive and fafely keep all monies which mall
be for the ufe, maintenance and fupportof the-
mint, and mall difburfe the fame upon warrants
figned by the director.
To tatc Sec. 4. And be it further enabled, That eve-
oath° ry officer and clerk of the faid mint fhall, be-
fore he enters upon the execution of his office,
take an oath or affirmation before fome judges
of the United States faithfully and diligently
to perform the duties thereof.
And give Sec. 5. And be it further enacled^ That the
bond' faid alfayer, chief coiner and treafurer, previ-
oufiy to entering upon the execution of their
refpeclive offices, fhall each become bound to
the United States of America, with one or
more fureties to the fatisfaction of the Secreta-
ry of the Treafury, in the fum of ten thoufand
dollars, with condition for the faithful, and di-
ligent performance of the duties of his office.
Salaries. Sec. 6. And be it further enacled, That there
fhall be allowed and paid as eompenfations for
■ their respective fervices : To the faid director,
* a yearly falary of two thoufand dollars, to the
faid afiayer, a yearly falary of one thoufand
five hundred dollars, to the faid chief coiner,
a yearly falary of one thoufand five hundred
dollars, to the faid engraver, a yearly falary of
one thoufand two hundred dollars, t© the faid
r 39 a
treafurer a yearly falary of one thoufand two
hundred dollars, to each clerk who may be
employed, a yearly falary not exceeding five
hundred dollars, and to the feveral fubordinate
workmen and fcrvants, fuch wages and allow-
ances as are cuftomary and reafonable, accord-
ing to their refpettive ftations and occupations.
Sec. 7. And be it further enafled, That the Accounts
accounts of the officers and perfons employed h(.)W and,
1 1 1 r • j • 1 r r • where to be
in and about the laid mint and for lervices per- fettled.
formed in relation thereto, and all other ac-
counts concerning the bufinefs and adminiftra-
tk>n thereof, mall be adjufled and fettled in the
treafury department of the United States, and
a quarter yearly account of the receipts and
difburfements of the faid mint mall be render-
ed at the faid treafury for fettlement, according
to fuch forms and regulations as mall have
been prefcribed by that department $ and that
once in each year a report of the tranfactions
of the faid mint, accompanied by an abftract,
of the fettlements which mall have been from
time to time made, duly certified by the Comp-
troller of the Treafury, fhall be laid before
Congrefs for their information.
Sec. 8. And be it further eliicfed, That iii Prefident
addition to the authority yelled in the Prefi- ^ V."£jJ.
dent of the United States by a refolution of \a& to be
the lad feffion, touching the engaging of ar- P10Vldea-
tills and the procuring of apparatus for the
faid mint, the Prefident be authorized, and he
is hereby authorized to caufe to be provided
and put in proper condition fuch buildings,
and in fuch manner as fhall appear to him re-
quifite for the purpofe of carrying on the bu-
finefs of the faid mint ; and that as well the
expenfes which mail have been incurred pur-
fuant to the faid refolution as thofe which may
[ 4o j
be incurred in providing and preparing the
faid buildings, and all other expenfes which
may hereafter accrue for the maintenance and
fupport of the faid mint, and in carrying on
the bufinefs thereof, over and above the fums
which may be received by reafon of the rate
per centum for coinage herein after mention-
ed, ihall be defrayed from the Treafury of the
«\-pcnce United States, out of any monies which from
defrayed.2 ^me to t^me ^a^ be therein, not other wife ap-
propriated.
Species of Sec. 9. And he it further enabled, That there
beftmck16 ^a^ ^Q from ^me to ^me Atfuck and coined
at the faid mint, coins of gold, filver and cop-
per, of the following denominations, values
and defcriptions, viz. Eagles : each to be of
the value of ten dollars or units, and to con-
tain two hundred and forty feven grains and
four eighths of a grain of pure, or two hun-
dred and feventy grains of ftandard gold.
Half Eagles : each to be of the value of
five dollars, and to contain one hundred and
twenty three grains and fix eighths of a grain
of pure, or one hundred and thirty five grains
of ftandard gold. Quarter Eagles : each
to be of the value of two dollars and a half
dollar, and to contain fixty one grains and fe-
ven eighths of a grain of pure, or fixty feven
grains and four eighths of a grain of ftandard
gold. Dollars cr Units : each to be. of the
value of a Spanilh milled dollar as the fame is
now current, and to contain three hundred and
feventy one grains and four fixteenth parts of
a grain of pure, or four hundred and fixteen
grains of ftandard filver. Hale Dollars :
each to be of half the Value of the dollar cr
unit, and to contain one hundred and eighty
five grains and ten fixteenth parts of a grain
L 4* 3
of pure, or two hundred and eight grains of
flandard filver. Quarter Dollars : each
to be of one fourth the value of the dollar or
unit, and to contain ninety two grains and thir-
teen fixteenth parts of a grain of pure* or one
hundred and four grains of flandard filver.
Dismes : each to be of the value of one tenth
of a dollar or unit, and to contain thirty feven
grains and two fixteenth parts of a grain of
pure, or forty one grains and three fifth parts
of a grain of flandard filver. Half Dismes :
each to be of the value of one twentieth of a
dollar, and to contain eighteen grains and nine
fixteenth parts of a grain of pure, or twenty
grains and four fifth parts of a grain of flan-
dard filver. Cents : each to be of the value of
the one hundredth part of a dollar, and to con-
tain eleven penny-weights of copper. Half
Cents : each to be of the value of half a cent,
and to contain five penny weights and half a
penny weight of copper.
Sec. io. And be it further enacled, That up- of what
on the faid coins refpeclively there (hall be the devices,
following devices and legends namely : Upon
one fide of each of the faid coins there mall be
an impreffion emblematic of liberty, with an
infeription of the word Liberty, and the year
of the coinage ; and upon the reverfe of each
of the gold and filver coins there mall be the
figure or reprefentation of an eagle, with this;
infeription, " United States of America,'1
and upon the reverfe of each of the copper
coins, there fhall be an infeription which fhall
exprefs the denomination of the piece, name-
ly, cent or half cent, as the cafe may require.
Sec. ii. And be it further enafled, That the Propor-
proportional value of gold to filver in all coins o^J^J*
which mail bv law be current as money wittin filver,
Vol. U. F
Standard
for void
C 42 3
%lie United States, fhali be as fifteen to one„
according to quantity in weight, of pure gold
or pure filver ; that is to fay, every fifteen
pounds weight of pure filver (hall be of equal
value in all payments, with one pound weight
of pure gold, and fo in proportion as to any
.greater or leis quantities of the refpective me-
tals.
Sec. 12. And be it further enacled, That the
ftandard for all gold coins of the United States,
coins and mall be eleven parts fine to one part alloy ;
tobe rcpi- anc^ accordingly that eleven parts in twelve of
feted. ' the entire weight of each of the faid coins mail
confift of pure gold, and the remaining one
twelfth part of alloy ; and the faid alloy fhali
be compofed of filver and copper, in fuch pro^-
portions not exceeding one half filver as fhali
be found convenient ; . to be regulated by the
Director, of the mint, for the time being, with
the approbation of the Prefident of the United
States, until further provifion fhali be made by
- law. And to the end that the necenary in-
formation may be had in order to the making
of fuch further provifion, it fhali be the duty
Dire&or's of the Director of the mint, at the expiration
ut5r' of a year after commencing the operations of
the faid mint, to report to Congrefs the practice
thereof during the faid year, touching the com*
pofition of the alloy of the faid gold coins, the
reafons for fuch practice, and the experiments
and observations which fhali have been made
concerning the effects of different proportions
of filver and copper in the faid alloy.
standard Sec. 1 7. And be it further enacled, That the
tor iilvcr *-i *■'
coins ; ai- ftandard for all filver coins of the United States,
loy how to fhaU be onethoufand four hundred and eighty
be regula- . .. v ' . - ■ ■ ° . '
ted. five parts fine to one hundred and feventy nine
[ 43 1
parts alloy ; and accordingly that one thon-
fand four hundred and eighty five parts in one
thoufand fix hundred and fixty four parts of
the entire weight of each of the faid coins fhall
confift of pure filver, and the remaining one
hundred and feventy nine parts of alloy ; which
alloy mail be wholly of copper.
Sec. 14. And be it further enacled, That it Perfons
mall be lawful for any perfon or perfons to "Vg ^?e
bring to the faid mint gold and filver bullion, diver bui-
m order to their being coined ; and that the ^f-SL
o 7 coined tree
bullion fo brought mail be there allayed and afcexpeaofc.
coined as fpeedily as may be after the receipt
thereof, and that free of expence to the. per-
fon or perfons by whom the fame mall have
been brought. And as foon as the faid bullion
fhall have been coined, the perfon or perfons-
by whom the fame fhall have been delivered,
fhall uport demand receive in lieu thereof coins
of the fame fpecies of bullion which fhall have
been fo delivered, weight for weight, of the
pure gold or pure filver therein contained ;
Provided neverthelefs, That it fhall be at the
mutual option of the party or parties bring-
ing fuch bullion, and of the director of the faid how the d;_
mint, to make an immediate exchange of coins redtor may
for flandard bullion, with a deduction of one coins SEe-
half per cent from the weight of the pure gold, for, deduc-
or pure filver contained in the faid bullion, as j^cent.
an indemnification to the mint for the time
which will neceffarily be required for coining
the faid bullion, and for the advance which
mall have been fo made in coins. And it fhall
be the duty of the Secretary of the Treafury -jutyofse-
to furnifh the faid mint from time to time when- ^JT °£
ever the ftate of the treafury will admit thereof, hereto?
with fuch fums as may be neceiTary for effec-
ting the faid exchanges, to be replaced as fpee-
C 44 J
dily as may be out of the coins which mail
have been made of the bullion for which the
monies fo furnifhed mail have been exchanged;
the half per and the faid deduction of one half per cent ihall
ftltuteT"" confute a fund towards defraying the expen-
fund, &c. fes of the faid mint.
Order of Sec. *5« And be it further enacted. That the
delivering bullion which mall- be brought as- aforefaid to
perfons° tne mhit to be coined, mail be coined, and the
bringing equivalent thereof in coins rendered, if de-
pehait/oa manded, in the order in which the faid bullion
giving un- fhall have been brought or delivered, giving
eaeef&c* " priority according to priority of delivery only,,
and without preference to any perfen or per-
fons ; and if any preference mall be given con-
trary to the direction aforefaid, the officer by
whom fuch undue preference mall be given,,
ihall in each cafe forfeit and pay one thoufand
dollars ; to be recovered with cofts of fuit.
And to the. end that it may be known if fuch
preference mall at any time be given, the af-
fayer or officer to whom the faid bullion mall?
be delivered to be coined, Ihall give to the per-
foil or perfons bringing the fame, a memoran-
dum in writing under his hand, denoting the
weight, finenefs and value thereof, together
with the day and order of its delivery into the
mint.
Coinsmade Sec. 1 6. And 'Be 'it further enabled , That all
tender!* ^le g°^ and filver coins which fhall have been
ftruck at, and iifued from the faid mint, fhall,.
be a lawful tender in all payments whatsoever ,_.
thofe of full weight according to the respective
•values herein before declared, and thofeof lef&
than full weight at values proportional to their
respective weights..
Sec. 17. And be it further enacted. That it
C 45 3
mall be the duty of the refpective officers of d b
the faid mint, carefully and faithfully to ufe made con-
their bed endeavours that all the gold and fil- [0J^lc
ver coins which ihall be (truck at the faid mint ftandard
fhall be, as nearly as may be, conformable to ^'f'ts'
the feveral ftandards and weights aforefaid,
and that the copper whereof the cents and half
cents aforefaid may be compofed, fhall be of
good quality.
Sec. 1 8. And the better to fecure a due con- The trea-
formity of the faid gold and filver coins to their £""£ too^
refpeclive ftandards, B.e it further enacledx'Tha.t Ms than j.
from every feparate mafs of ftandard gold or ^ch^cota
filver, w7hich fhall be made into coins at the to be aflay-
faid mint, there fhall be taken, fet apart by the ed'
Treafurer and referved in his cuftody a cer-
tain number of pieces, not lefs than three, and
that once in every year the pieces fo fet apart
and referved, fhall be affayed under the infpec-
tion of the Chief Juftice of the United States, when and
the Secretary and Comptroller of the Treafury, by wli0Rv
the Secretary for the Department of State, and
the Attorney General of the United States
(who are hereby required to attend for that
purpofe at the faid mint, on the laft Monday
in July in each year) or under the infpecrion
of any three of them, in fuch manner as they
or a majority of them fhall direct, and in the
prefence of the director, affayer and chief coin-
er of the faid mint ; and if it frail be found
that the gold and filver fo affayed, fhall not be
inferior to their refpective ftandards herein be-
fore declared more than one part in, one hun-
dred and forty four parts, the officer or officers
of the faid mint whom it may concern fhall be
held excufable ; but if any greater inferiority
fhall appear, it fhall be certified to the Prefi-
dent of the United States3 and the faid officer
Penalty on
[ 46 ]
or officers fhall be deemed difqualified to hold
their reipective offices.
Sec. 19. And be it further enacled, That if
. . v" any of the gold or filver coins which fliall be
ins- ftruck or coined at the faid mint, fhall be de-
bafed or made worfe as to the proportion of
fine gold or fine filver therein contained, or
ihall be of lefs weight or value than the fame
ought to be purfuant to the directions of this
act, through the default or with the conni-
vance of any of the officers or perfons who mall
be employed at the faid mint, for the purpofe of
profit or gain, or otherwife with a fraudulent
intent, and if any of the faid officers or per-
fons fliall embezzle any of the metals which
fhall at any time be committed to their charge
for the purpofe of being coined, or any of the
coins which fliall be ftruck or coined at the
faid mintp every fuch officer or perfon who fhall
commit any or either of the faid offences, fliall be-
deemed guilty of felony, and fhall fuffer death.
Mor>ev of Sec. 20. And be it further enacted, That the
account to money of account of the United States fhall be
fedinPdoir expreffed in dollars or units, difmes or tenths,
fcus, cvc. cents or hundredths, and milles or thoufandths,
a difme being the tenth part of a dollar, a cent
the hundredth part of a dollar, a mille the thou-
fandth part of a dollar, and that all accounts in
the public offices and all proceedings in the
courts of the United States fhall be kept and
had in conformity to this regulation.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-F refident of the United
States and Prefidcnt of the Senate.
Approved, April the fecond, 1792 :•
GEORGE WASHINGTON,
Prcfident of the United States,
C 47 ]
CHAPTER XVII.
An Acl fupplementary to the Ad: for the cjlablifi-
merit and Support of Light '-Houfes, Beacons,
Buoys, and Public Piers.
Sec. i. ~Wy E // enacled by the Senate and Expcnfe*
J£j Houfe of Reprefentatives of the ^f b^js'
United States of America in Congrefs. affembled, borne till
That all expenfes which mall accrue from the July I7?3*/
firit day of July next, inclufively, for the ne-
ceffary fupport, maintenance, and repairs of
all light-houfes, beacons, buoys, the ftakeage
of channels, on the fea coafl, and public piers,
fhall continue to be defrayed by the United
States, until the firfl day of July, in the year
one thoufand feven hundred and ninety- three,
notwithstanding fuch light-houfes, beacons, or
public piers, with the lands and tenements
thereunto belonging, and the jurifdifrion of
the fame, fhall not in the mean time be ceded
to, or veiled in the United States, by the ftate
or dates refpeenveiy, in which the fame may.
be, and that the faid time be further allowed,
to the flates refpeclively to make fuch ceffion.
Sec. 1. And be it further enacled. That the ^ ^ ..
Secretary of the Treafury be autnonzed to beacons to
caufe to be provided, erected, and placed, a be Jj^kf-
fioating beacon, and as many buoys, as may ton harbor
be neceflary for the fecurity of navigation, at, ^k^aey*~
and near the entrance of the harbor of Charlef-
ton, in the flate of South-Carolina. And alfo
to have affixed three floating beacons in the
bay of Chef apeak ; one at the north end of
Willoughby's Spit, another at the tail of the
C 48 3
Horfe-Shoe; and the third on the fhoalefl: place
of the middle ground.
JONATHAN TRUMBULL, Speaker
of the Hotife of Reprefe?iiativcs.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, April twelfth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XVIII.
An Act to e reel a Light-Houfe on Mont ok Point
in the State of New-Tork.
BE it enacled by the Senate and Hotife of Re-
prefeniatives of the United States of Ameri-
certa1n°n cat ln Congrefs ajfembled, That as foon as the
conditions jurifdiclion of fuch land on Montok point in
«n Montok tne ftzte of New-York, as the Prefident of the
Point in United States mail deem fufficient and molt
New-York, proper for the convenience and accommoda-
tion of a light-houfe (hall have been ceded to
the United States, it mall be the duty of the
Secretary of the Treafury, to provide by con-
tract, which fhall be approved by the Prefident
of the United States, for building a light-houfe
thereon, and for furniihing the fame with all
neceflary fupplies, and alfo to agree for the fa-
Jaries or wages of the perfon or perfons who
may be appointed by the Prefident for the fu-
perintendance and care of the fame ; and the
Prefident is hereby authorized to make the faid
appointments. That the number and difpofi-
C 49 'J
f
lion of the lights in the faid light-houfe ilialt
be fuch us may tend to diftmguifh it froni
others, and as far as is practicable, prevent
miflakes.
JONATHAN TRUMBULL, Speaker
of the Honfe of Reprefentativcs.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, April twelfth, 1792:
GEORGE WASHINGTON,
Prefident of the United States,
-sHEZEEHSgBtKSESB^n-aaa*
CHAPTER XIX,
An Acl for afcertaining the Bounds of a TraB
of Land pur chafed by John Cleves Syr/imes.
E it enabled by the Senate and Houfe of Re-
prefeniatives of the United States of Ame-
rica in Congrefs affembled, That the Prefident .
of the United States be and he hereby is au- Bounds of
thorized at the requeft of "John Cleves Symmes J°hn c;
or his agent or agents, to alter the contract purchafe^
made between the late board of .treafury and land*
the faid John Cleves Symmes for the fale of a
tract of land of one million of acres, in fuch
manner that the faid tract may extend from. the
mouth of the Great Miami, to the mouth of
the Little Miami, and he bounded by the river
Ohio, on the fcuth, by the Great Miami on.
the weft, by the Little Miami on the eaft, and
hy a parallel of latitude on the north extend*
isig from the Great Miami to the Little ^iamij
Vol. II, Q
I. .V
J
' i as to comprehend the propofed quantity of
• one million of acres, provided that the nor-
thern limits of the faid trad: (hall not interfere
with the boundary line eltablifhed by the trea-
ty of fort Harmar, between the Umied States,
and the Indian nations, and provided alfo that
refervati'oa the Prefident referveto the United States, fuch
of lands at lands at and near fort Warning-ton as he may
ton. ""£ think neceffary for the accommodation of a
garrifon at that fort.
JONATHAN TRUMBULL, Speaker
of the Moufe of Rcprcfcntaiives.
JOHN ADAMS, Vice-Prefideni of the United
States, and Prefident of the Senate.
Approved,- April twelfth; 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XX.
An Acl for fixing the Compsnfations of the Door-
keepers of the Senate and Houfe of Reprefenta-
tives in Congrefs.
BE it enatled by the Senate and Houfe ofRe-
prefentatives of the United States of Ame-
rica, in Congrefs affembled, That from and af-
ter the termination. of the prefent fefTion of
Congrefs, the doorkeepers of the Senate and
Salary of Houfe of Reprefentatives, fhall each be allow-
doer KC CD-
ers of Con- ed a falaiy of five hundred dollars per annum,
grcf affef- *n £UW compenfation for their fervices in the
iion. faid offices j and that the affi.ftant doorkeeper
piefc-jU fef-
iioru
C 51 ]
to each Houfe fhall be allowed in full compen- Salary of
fation for all his fervices, the fum of four hun- ^L^oiJ
dred and fifty dollars per annum. And it fhall gred after
be the duty of the faid doorkeepers to do the
ufual fervices pertaining to their rerpe6iive of-
fices during the feffioa of Gongrefs, andinthe
recefs, under the direction of the Secretary of
the Senate and Clerk of the Houfe of Repre-
sentatives, to take care of the apartments occu-
pied by the refpeuHy^ Houfes, and provide fuel
and other accommodations for their fubfequent
fefiion. And the faid compenfations fhall be
certified and paid in like manner as is provided
by law, for the other officers of the Senate and
Houfe of Reprefentatives.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prejident of the United
States., and President of the Senate.
Approved, April twelfth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XXI.
An Act for alter 'ihg the Times of holding the Cir-
cuit Courts ', in certain Diflricis of the United
States, and for other Purpofes*
Section 1. ]pl.E it entitled by the Senate and
J3 Houfe of Reprefentatives of the
United States of America in C'onrrefs ajjembled,
That from and after the paffing of this act the
circuit courts hi tlie -diitricls ofNcrth-CaroljU
t 51 J
fiitte for fia and Georgia fhall be held as follows, to wit :
jBdipgciN in the diflrict of North- Carolina on the nril
,1'',,' day of June and the thirtieth day of Novem-
'difh-jcb al* ber at Newbern in the prefent and each fuc-
ceeamg year. And all writs and recognizances
returnable and fuits and other proceedings that
were continued to the circuit court for the dif-
tricl of North-Carolina on the eighteenth day
of June next fnall now be returned and held
continued to the fame court oil -the firfl day or
June next. In the diflrict of Georgia on the
twenty-fifth clay of April at Savannah, and on
the eighth day of November at Augufta in the
prefent and each fucceeding year except when
any of thofe days mail happen on a Sunday
in which cafe the court iKall be held on the
Monday following.
. ... .. c Sec. 2. Ami be it further entitled- That the
When fef- _ „ c . . J - . '
s©hs of :he lemons or the circuit courts m iti-z ea-iern cir-
feattcrp ar. €U{t f]la|| jn ^g prefeRt anj every fucceedinsj;
cGmmence. year commence at the times loilowing, that is
to fay, in New- York diilricl on the fifth day
of April and the fifth day of September. In
Connecticut diflricl: on the twenty-fifth day of
April and the twenty-fifth day of September.
In Maifachufetts diflricl on the twelfth day of
May and the twelfth clay of October. In New-
Hampfhire diflricl on the twenty- fourth day of
May and the twenty-fourth clay of Oclober and
in Rhode-Ifiand diftrict on the feventh day of
June and the feventh day of November except
when any of thofe days mall happen on a Sun-
day and then the fefiions mall commence on
the next day following. And the fefiions of
the circuit court fhall be held in the diftrict of
Virginia at the city of Richmond only, In
New- Hampshire diflricl at Portsmouth and Ex-
eter alternately, beginning at the firfl. In Maf-
L S3 9
iitchufetts diftrict at Bolton, la Rhode-LIani.
diitrict at New-Port and Providence alternate-
ly beginning at the rirft. In Connecticut dif-
tri.l at Hartford and New-Haven alternately*
.beginning at the laft. And in New York dif-
Jxict at trie city of New- York only.
Sec. 3. And be it enacled, That at. each fer- judges of
iion of the f trpreme court of the United Scales i'«preihe
ior as foon after as may be, the judges of the eacMctnoa
fupreme court attending at fuch feffion ihall in ^deter-
yriting fubfcribed with their names (which circuits
writing fliali be lodged with the clerk of the <:hp ?JF
fupreme court and fafely kept in his office) fytoaitcai
afngn to the faid judges jrefpectively the cir-.&c'
cuits which they are to attend at the enmmg
feffions of the circuit courts ; which- alignment
ihall be made in fuch manner that no judge,
unlefs by his own -confent fliali have ailigned
to him any circuit which he hath already at-
tended until the fame hath been afterwards at-
tended by every other of the faid judges. Pro-
vided alwdy?, That if the public lervice or the
convenience of the judges (hall at any time, in
their opinion, require a different arrangement,
the fame may take place with the confent of
any four of the judges of the fupreme court-
Sec. 4. And be it further enacted, That the Sbfiioa 6f
diilricl court for the diftrict of Maine, which, MJ™ 4&
by the act, intituled si An ac~t to efiablim the ■ ":
judicial courts of tie United States/' is hoi-
den on the firft Tuefday of June, annually,, at
Portland, ihall, from and after the paring of
this act, be holden on the third Tuefday of
June, annually, any thing in the acf. aforefaid
to the contrary notwithstanding : and ail writs
and recognizances returnable, -and fuits and
'other proceedings, that were continued to the.
alter
r 54 ]
4iftricl court for the diflricl of Maine on the
firli Tuefday cf June next, mall now be return-
, able aacl held continued to the fame court, on
the third TufcjPday of June next.
»nd of N. Sec. 5. And be it further eroded, That the
Carolina, fhited diftrict courts for the diftrict of North-
Carolina, fhall in future, be held at the towns
of Newbcrn, Wilmington, and Edenton in ro-
tation, beginning at Newbern, as the faid court
now Hands adjourned.
JONATHAN TRUMBULL, Speaker
cf the Honfe of Reprefentatives,
JOHN ADAMS, Vice-Prefdent of the United
States, and Prefident of the Senate.
Approved, April thirteenth, 1792 :
GEORGE WASHINGTON,
Prejidcni of the United States:
cri'^^:.-iii^i^ rt25£jiL^*—
C H A P T E R XSlI.
An Acl to compenfaie the Corporation of Truftces
ef the Public Grammar -School and, Academy
cf Wilmington in the State of Delaware , for
the Occupation of and Damages done to the faid
School, during the Lite War.
SVE // enacled by the Senate and Hovfe cf Re-
13 prefntalives of the United States cf Amc-
ica in Comrefs a^JemblecL That as an indemni-
ication to the corporation of Truftees of the
niblic srraminar-fchool and academy of Wil-
nia'etb'h in the ita:c of Delaware, for the ufe
tnd occupation of tlie faid fchool, and the da.
JKL
L ss 3
images done to the fame by the troops of thf
'United Stales, during the late war, there be-
granted to the faM corporation of Trutt.ec?, a
reafonable co:npenfation, payable out of any
unappropriated money in the treafury of the.
United States, which compensation mail be
afcertained by the accounting officers of the
treafury.
JONATHAN TRUMBULL, Speaker
of the Houfe of Rcprcfentati-ves.
JOHN ADAMS, Vice-P refident of the United
States, and F refident of the Senate.
Approved, April thirteenth, 1792 :
GEORGE WASHINGTON,
P^efdent of the United States,
CHAPTER XXIIL,
An Acl for apportioning Reprefeniatives among
the fe-veral States, according to the firfc Enu.~
me rati on.
E it enacted by the Senate and Houfe of Re- Apportion.
prefentatives of the United States of Ame- mentofrc-
rica in Congrefs affembkd, That from and after j^irio "
the third day of March one thoufand feven Congrefs
hundred and ninety-three, the Houfe of Repre- to^S-
fentatives iliall be compofed of members elec-
ted agreeably to a ratio of one member for eve-
ry thirty-three thoufand perfons in each flate,
computed according to the rule prefcribed by
the conftitution ; that is to fay : Within the
^ate of New-Hampfhire, four ; within the (late
Mi; on.
L S6 3
:>f Maflachufetts, fourteen ; within the ftate of
Vermont, two ; within tile ftate of Rhode -
Ifland, two ; within the ftate of Connecticut,
feven ; within the ftate of New- York, ten ;
within the ftate of New'-.jerfey, five ; within
the ftate of Pennfytvania, thirteen ; within the
ftate of Delaware, one ; v/ithin the ftate of
Maryland, eight ; within the ftate of Virginia,
nineteen ; within the ftate of Kentucky, two :
within the ftate of North- Carolina, ten ; with-
in the ftate oi South-Carolina, fix ; and within
the ftate of Qeorgia, two members.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-P reft dent of the United
States, and Prejideni of the Senate.
Approved, April fourteenth, 1792 ::
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XXIV.
An Ac! concerning Confuls and Vice-Confids. ■
lOR carrying into full effect the convention
between the King of the French, and the
United States of America, entered into for the
purpofe of defining and eftabliihing the func-
tions and privileges of their refpective Confuls
and Vice- Confuls ;
Sec. 1. Be it enacled by the Senate and H-oufe
if Representatives of the United States of Ame-
rica im^ngrefs affembled, That where in the
t SI 1
IWerith' article of the faid convention, it is Duty ot-
Screed that when there fhall be no conful or c?"'uls and
. . r i r i ir- r i r. i ill'1- incites
vice-conml Or the King or the trench^ to at- concerning
tend to the laving of the wreck of any French wrccks-
vefiels ftranded on the coafts of the United
States, or that the residence of the faid conful,
or vice-conful (he not being at the place of
the wreck) fhall be more diftant from the faid
place than that of the competent judge of the
country, the latter mall immediately proceed
to perform the office therein prefcribed $ the
diflrict judge of the United States of the dif*
trier, in which the wreck fhall happen, fhall
proceed therein, according to the tenor of the*
faid article. And in fiich cafes it fhall be the
duty of the officers of the cuffoms within whofe
diftriels fuch wrecks fhall happen, to give no-
tice thereof, as foon as may be, to the faid
judge, and to aid and affifl him to perform the
duties hereby affigned to him. The diflrift
judges of the United States fhall alfo, within
their refpective diflricls, be the competent
judges, for the purpofes expreffed in the ninth
article of the faid convention, and it fhall be
incumbent on them to give aid to the confute
and vice-confuls of the Kirtg of the Frertch5 +
in arrefting and fecuring deferters from veifels
of the French nation according to the tenor of
the faid article.
And where by arty article of the faid Con- Duty of
vention, the confuls and vice confuis of the marihalk*
King of the French, are entitled to the aid of
the competent executive officers of the Coun-
try, in the execution of any precept, the mar-
shals of the United States, and their deputies,
mall, within their refpective dift'riels, be the
competent officers, and fhall give their aid ac-
eording to the tenor of the ftipulations.
Vol. II. H
I 53 J
WfcAi Antt whenever dbnimitmeMs to the jaifs of
MsBMnlaii t7iic coimtr)T ma^ become neceffary in pur:
be ma.it. ance of any ftipulation of the faid Convention,
they mall be to fuch jails within the lefpective
diftricts as other commitments under the au-
thority of the United States are by law made*
And for the direction of the confuls and vice
confuls of the United States in certain cafes.
■Right of Sec. 2. Be it enacled by the authority afar cf aid y
'.Vccoiv That they mall have right in the ports orpla-
fk»kj ces to which they are or may be feveraily ap-
pointed of receiving the protefts or declara-
tions, which fuch captains, mailers, crews, paf-
fengers and merchants, as are citizens of the
United States may refpeclively chufe to make
there ; and alfo fuch as any foreigner may
chufe to make before them relative to the per-*
fonal inter-eft of any citizens of the United
States ; and the copies of the faid acts duly
authenticated by the faid confuls or vice con-
fuls, under the leal of their confulates, refpec-
tively, mall receive faith in law, equally as their
originals would in all courts in the United
States. It mall be their duty where the laws
%a tafe of the country permit, to take poffeffion of the
charge of perfonal eftate left by any citizen of the United
eftates of States, other than feamen belonging to any
deceafed {j^p or VefTel who fhall die within their confu-
penonsj&c. r .
late ; leaving there no legal repreientative,
partner in trade or trullee by him appointed to
To coiled take care of his effects, they fhall inventory the
debts, &c. fame with the affiftance of two merchants of
siit balance the United States, or for want of them, of any
to the trea- others at their choice ; fhall collect the debts
tLs.ffnot due to the deceafed in the country where he
call£d ^or died, and pay the debts due from his eftate
prefenta- which he fhall have there contracted ; fhall fell
tive- at auction after reafonable public notice fuch
C 59 ]
$»art of the eftate as fhall be of a perifliab!e na-
ture and fuch further part, if any, as fha.ll be
necelfary for the payment of his debts, and at
the expiration of one year from his deceafe,
the reiidue ; and th- halance of the eftatethey
■fhall tranfmit to the treafury of the United
States, to be holden in trull for the legal claim-
ants. But if at any time before fuch tranfmif-
fion, the legal reprefentative of the deceafed
mall appear and demand his effects in their
hands, they malt deliver them up, being paid
their fees, and (nail ceafe their proceedings.
For the information of the reprefentative of r
the deceafed, it fhall be the duty of the conful notify the
or vice conful authorized to proceed as afore- de;lih ina
faid in the fettlement of his eilate, immediate- pubiifhed
ly to notify his death in one of the gazettes jjj*j CDl^
publifhed in the confulate, and alio to the Se-
cretary of State, that the fame may be notified
in the ftate to which the deceafed fhair belong ;
and he fhall alfo, as foon as may be., tranfmit
to the Secretary of State, an inventory of the
effects of the deceafed taken as before direc-
ted.
Sec. 3. And be it further enacJed, That the Duty as to
faid confuls and vice coniuls, in cafes where folded
fhips or veifels of the United States fhall be
ftranded on the coafts of their eomulates re-
flectively, lhall, as far as the laws of the coun-
try will permit, take proper meafures, as well
for the purpofe of faving the laid fhips or vei-
fels, their cargoes and appurtenances, as for
flaring and fecurinp- the effects and merchan-
dize faved, and tor taking an inventory or in-
ventories thereof; and the merchandize and
effects faved with the inventory or inventories
thereof taken as aforefaid3 mall3 after deduc*
velieis.
r 6° ]
ting therefrom the expenfe, be delivered to the
owner or owners. Provided, That no conful
or vice conful {hall have au-thority to take pok
ieffion of any fuch goods, wares, merchandize
or other property, when the mailer, owner or
eonfignee thereof is prefent or capable of tal-
king poffefhon of the fame,
fesf. Sec. 4. And be it further enacled? That it {hall
and may be lawful for every conful and vice
conful of the United States, to take and re-
ceive the following fees of office for the fervices
which he mall have performed.
For authenticating under the confular feal,
every protefl, declaration, depofition, or other
act, which fuch captains, mailers, mariners,
feamen? paffengers, merchants or others as are
citizens of the United States may refpeclively
chufe to make, the fum of two dollars.
For the taking into pcffeflion, inventorying,
felling and finally fettling and paying, or frank
mitting as aforefaid, the balance due on the
perfonal efiate left by any citizen of the United
States who fhall die within the limits of his
confulate five per centum on the grofs amount,
of fuch efiate.
For taking into poffeffion and otherwife pror
ceeding on any fuch efiate which {hall be de-
livered over to the legal reprefentative before a,
final fettlement of the fame, as is herein before
direcled two and an half per centum on fuch
part delivered over as mall not be in money,
and five per centum en the grofs amount of
the refidue.
And it fhall be the duty of the confuls and
receipt' for vice-confuls of the United States, to give re-
ilfe: ceipts for ail fees which they mail receive by
r 6i 1
virtue of this a£t, expreffing the particular fer-
vices for which they are paid.
Sec. 5. And be it further enacted ', That in Proficient
cafe it be found neceffary for the intereft of the l^mt
United States, that a conful or confuls be ap- faiary to
pointed to refide on the coaft of Barbary, the Barbary?
Prefident be authorized to allow an' annual fa-
iary, not exceeding two thoufand dollars to
each perfon fo to be appointed: Provided, That
1 '.oh faiary be not allowed to more than one
conful for any one of the dates on the faid
coaft.
Sec. 6. And be it further enacled, That every „ , '
•j j j (Jon lit Is to
conful and vice conful mail, before they enter give bond
on the execution of their trulls, or if already w.lth luLrc"
, . r V r 1 til • ties tv be
in tne execution or the lame, witnm one year approved
from the pamng of this act, or if refident in b^ thc ft>
Afia, within two years, give bond with fuch uate;
jfureties as mail be approved by the Secretary
of State, in a fum of not lefs than two thoufand
nor more than ten thoufand dollars, condition-
ed for the true and faithful discharge of the du-
ties of his office according to law, and alfo for
truly accounting for all monies, goods and ef-
fects which may come into his poffemon by
virtue of this aft : and the faid bond mall be , .
- •■.''. _ . - where fobs;
lodged m the office or the Secretary or the iod^ed.
TPreafury.
Sec. 7. And be it further enacled, That to prov;flon
prevent the mariners and feamen, employed in for marin
veffels belonging to citizens of the United fo/dga*'
States, in cafes of fhipwreck, ficknefs or cap- p^t*.
tivity, from furTering in foreign ports, it mail be
the duty of the confuls and vice confuls refpec-
tively, from time to time to provide for them
in the moft reafonable manner, at the expenfe
pf the United States, fubieQ: to fuch inftruc-
I 6. ]
rions as the Secretary of State mall give, and
not exceeding an allowance of twelve cents to
a man per dirm ; and all matters and com-
manders of veffels belonging to citizens of the
United States, and bound to fome port of the
fame, are hereby required and enjoined to take
fuch mariners or feamen on board of their
mips or velfels, at the requeit of the faid con-
suls or vice confuls refpectively, and to tranf-
port them to the port, in the United States to
which fuch mips or veffels may be bound free
of coils or charge ; but that the faid mariners
or feamen (hall, if able, be bound to do duty
on board fuch mips or velfels according to their
feveral abilities : Provided, That no mailer or
captain of any fliip or veffel, mail be obliged
to take a greater number than two men to every
one hundred tons burthen of the faid ihip or
veifel, on any one voyage : and if any fuch
captain or mailer iliall refufe the fame on the
requefl or order of the conful or vice conful,
fuch captain or mailer ihall forfeit and pay the
fum of thirty dollars for each mariner or fea-
man fo reluied, to be recovered for the benefit
of the United States by the faid conful or vice-
Gcnful in his own name, in any court of com-
petent jurisdiction.
, Sec. 8. And Be it further e?iacled, That
maders of where a iliip or veffel belonging to citizens of
vci'.ei; J6- the United States is fold in a foreign port or
duchiii^ed place, the mailer, urJefs the crew are liable
fef;i;c>: and ky their contract or do confent to be difchar-
acgieiaiag ged there, iliall fend them back to the Hate
**■ where they entered on board, or furniih them
with means fufRcient for their return, to be
ascertained by the conful or vice conful of the
United States, having jurisdiction of the port
or place. And in cafe of the mailers refiu^.
. C 63 1
the faid confui or vice ccnfal m&f (if the taws
of the land permit it) caufe his fhip, goods and
perfon to be arretted and held until he fbali
comply with his duty herein.
Sec. o. And be it further enacted- That the Vor"'T
r .'r . - .. r J. ,,•;, ... -''. linocft
ipecihcation or certain powers and auties, m
this act, to be exercifed or performed by the
confuls and vice confuls of the United States,
fliall not be conttrued to the e-xclufion of others
refulting from the nature of their appointments,
or any treaty or convention under which they
may a®,
' JONATHAN TRUMBULL, Speaker
of the Houfe of Rcprefentaiives.
JOHN ADAMS, Vice-Prefident of the United
States^ and Prefident {of the Senate,,
Approved, April fourteenth, lygl *
GEORGE WASHINGTON,
Prefident of the United States,
a*.
■t|Pff|a|Mii.Wii.;BEB»«a*«"-
CHAPTER XXV,
An Ac! authorizing the Grant and Conveyance of
lain La?ids to the Ohio Company of Affociates*
cert,
Bee. I* "13 E if enacled by the Senate and-
JL3 Houfe of R.epreftmtatives of the
United States of America in C ngrifs a[femblcdr
That a certain contract expreffed in an inden- trSTf
cure executed on the twenty feventh day of farad r0n-
October, in the year one thoufand feven hun- 1^^%/*
ired and eighty feven, between the then board
i)f treafury for the United States of America*
C 64 1
of the one part, and Mahafjfeh' Cutler, and
Winthrop Sergeant, as agents for the directors
of the Ohio Company of ailbciates,- of the
other part, fo far as the fame refpecls the fol-
lowing defcribed tracl of land ; that is to fay J
" Beginning at a ftation where the weflern
boundary line of the feventh range of town-
mips, laid out by the authority of the United
States in Congrefs affembled, interfecls the
river Ohio ; thence extending along that river
icuth-weflerly to a place where the weflern
boundary line of the fifteenth range of town-
fhips, when laid out agreeably to the land or-
dinance palTed the twentieth day of May, one
thoufand feven hundred and eighty five, would
touch the faid river ; thence running northerly
on the faid weflern bounds of the faid fifteenth,
range .of to wnfhips, 'till a line drawn due eaffc
to the weflern boundary line of the faid feventh
range of townfhips, will comprehend, with the
other lines of this tract, feven hundred and fifty
thoufand acres of land, befides the feveral lots
and parcels of land in the faid contract refer-
ved or appropriated to particular purpofes ;
thence running eafl to the weflern boundary
line of the faid feventh range of townfhips, and
thence along the faid line to the place of be-
eonflrmrd, §mnmg?" be and the fame is hereby confirmed:
and Prefi- And that the Prefident of the United States be
io'gtant' ' and he hereby is authorized and empowered
letters pa- t0 \ffUQ letters patent in the name and undef
name V ° l'ne feal of the United States, thereby granting
Rufits Put- and conveying to Rufus Putnam, Manaffeh
Cutler, Robert Oliver, and Griffin Green, and
to their heirs and affigns, in fee fimple, the faid
defcribed tract, of land, with the refervations
in the faid indenture exprefTed, in truft for the
perfons compofing the faid Ohio Company of
nam, &c.
t 65 3
kubciates, according to their fevcral rights .and
intgreftsj arid for their heirs and affigns, as te-
nants in common;
Sec. 2* And be it further enacted, That the to grant
Prefident be and he hereby is further autho- OJ,e "ther
,.,«.,. . i J \ ' ; tract to , .
nzed and empowered, oy letters-patent as Rufus jpat-
aforefaid, to grant and convey to the laid Ru- nam' &c-
fus Putnam, Manaffeh Cutler, Robert Oliver
and Griffin Green, and to their heirs an$l af-
figns, in trull, for the ufes above exprelfed,
one other tracl of two hundred and fourteen
thoufand, two hundred and eighty-five acres
of land. Provided, That the faid Rufus Put- . ,
nam, Manaffeh Cutler, Robert .Oliver and conditions/
Griffin Green, or either of them, mail deliver
to the Secretary of the Treafury within fix
months, warrants which iffued for army boun-
ty-rights fufficientfor that purpofe, according
to the provilion of a refolve of Congrefs of the
twenty third day of July, one thoufand feven
hundred and eighty-feyen/
Sec. 3. And be it further eriaSled, That the To.gWt
Prefident be and he hereby is further autho- °ne othf ,
1 111 r tract to Ru-
rized and empowered by letters-patent as afore- fus L>ut-
faid, to grant and convey to the faid Rufus nam' &c°
Putnam, Manaffeh' -Cutler, Robert Oliver and
Griffin Green,- and to their heirs and affigns,
i in fee fimple, in trull for the ufes above ex-
; prelfed, a farther quantity of one hundred thou-
I land acres of land.. Provided always fieverthe-
\ lefs, That the faid grant of one hundred thou-
I fand acres fhall be made on the exprefs condi-
tion of becoming void, for fuch part thereof, pr"^^
; as the faid company fhall not have, within five <*ition.
] years from the palling of this a6l, conveyed in
I fee fimple, as a bounty and free of expenfe, in
1 traces of one hundred acres, to each male per-1
11. i
is con-
C 66 3
fon, not lefs than eighteen years of age, being
an actual fettler at the time of fuch conveyance.
Inhere to Sec. 4. J>ncl fc it further enacled, That the
* faid quantities of two hundred and fourteen
thoufand, two hundred and eighty-five acres,
and of one hundred thoufand acres, mall be
located within the limits of the tract of one
million, five hundred thoufand acres of land,
defcribed in the indenture aforefaid, and ad-
joining to the tract of land defcribed in the fi'rft
fection of this act, and in fuch form as the
Prefident in the letters patent, mail prefcribe
for that purpofe.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident prr
tempore of the Senate.'
Approved, April twenty firir., 1792 :
GEORGE WASHINGTON,
Prefident of the United States*
CHAPTER XXVI.
An Ad to indemnify the Efl ate of the late Major
General Nathaniel Green, for a certain Bond
entered into by him during, the late War.
sfote of "f^^ li enafted by the Senate and Houfe of Re-
the late J[_j prefentdtives of the United States of Ameri-
Green, in- cai in Congrefs ajfembled. That the United States
demnified^ fhall and will indemnify the effcate of the late
of a certain General Green, for the fum of eight thoufand
ftond. fiX hundred and eighty eight pounds fix mil-
[ 67 ]
iings ftei ling money, being the amount due on
the firft day of May, one thoufand feven hun-
dred and eighty-fix, on a certain bond execu-
ted to Meffieurs Newcomen and Collet, by the
faid General Green, as furety for John Banks,
and Company, and the intereft thereon ; ex-
cepting therefrom a certain conditional bond
given in June one thoufand feven hundred and
eighty fix, for about one thoufand fix hundred
pounds flerling, (be the fame more or lefs)
being part of the aforefaid fum of eight thou-
fand fix hundred and eighty eight pounds fix
millings, which was to be paid, only in cafe on certain
the faid General Green mould recover from coadiUons'
the iald Banks, or Banks and Company, a fum
fufficient for his indemnity ; Provided, it fhall
appear upon due inveftigation, by the officers
of the Treafury, that the faid General Green,
in his life-time, or his executors, fmce his de-
ceafe, have not been already indemnified, or
compenfated for the faid fum of eight thoufand
fix hundred and eighty eight pounds fix mil-
lings, except as aforefaid : And alfo provided,
That the faid executors fhall account for a fum
being about two thoufand pounds flerling, (be
the fame more or lefs) recovered of John Fer-
ric, one of the partners of the faid Banks and
Company, by the faid executors, to be in part
of the indemnification aforefaid ; and alfo fhall
make over to the Comptroller of the Treafury
and his fucceffors, for the United States, all
mortgages, bonds, covenants, or other coun-
ter-fecurities whatfoever, now due, which were
obtained by the faid General Green, in his
life-time, from the faid Banks and Company,
on account of his being furety for them as
aforefaid, to be fued for in the name of the faid
executors for the ufe of the United States,,
L 63 ]
of the And the officers of the Treafury are hereby
: t
l'
pffldcrs of authorized to liquidate and fettle the fum due
1Ci:trcin." to the eftate of the faid General Green, to in
demnify the fame, as aforefaid, according to
the true intent and meaning of this act, and to
pay the fame, out of the Treafury of the United
States, to the faid executors, to be accounted
for by them, as part of the faid eftate.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentathes.
RICHARD HENRY LEE, Prefident pro
tempore of the Senate.
Approved, April twenty-feventh, 1792 :
GEORQE WASHINGTON,
Prefident of the United States.
CHAPTER XXVII.
An Acl for raijing a farther fum of Money for
the Protection of the Frontiers ', and for other
Purpofes therein mentioned,.
Sec. 1. TO E it enacled by the Senate and
JLJ? Houfe of Reprefentatives of the
@n 30th United States of America in Congrefs affembled,
duAsmow That from and after laft day of June next, the
in force on duties" how in force upon the articles herein-
tSS'to" after enumerated and described, at their im-
ceafeand portation into the United States, mall ceafe,
becoUec- and that m hW thereof, there mall be thence-
*ed in their forth laid, levied and collected upon the faid
articles, at their faid importation, the feveral
and refpective rates or duties following : viz :
E 69 ]
Wines, namely : Madeira, of the quality of specific du
London particular, per gallon fifty fix cents : t«cs-oa cer
Madeira, of the quality of London market, meratedar
per gallon, forty nine cents : Other Madeira tlck>-
wine, per gallon, forty cents : Sherry, per
gallon, thirty three cents : Saint Lucar, per
gallon, thirty cents : Lifbon, per gallon, twen-
ty five cents : Oporto, per gallon, twenty five
cents : Teneriffe and Fayall, per gallon, twen-
ty cents : All other wines, forty per centum
ad valorem, Provided that the amount of the
duty thereupon mall, in no cafe, exceed thir-,
ty cents per gallon.
Spirits, diililled wholly or chiefly from
grain : Of the firfl clafs of proof, per gallon,
twenty eight cents : of the fecond clafs of
proof, per gallon, twenty nine cents : of the
third clafs of proof, per gallon, thirty one.
cents : of the fourth clafs of proof, per gallon,
thirty four cents : of the fifth clafs of proof,
per gallon, forty cents : of the fixth clafs of
proof, per gallon, fifty cents.
All other distilled spirits : Of the
fecond clafs of proof and under, per gallon,
twenty five cents -r of the third clafs of proof
and under per gallon, twenty eight cents : of
the fourth clafs of proof and under, per gal-
lon, thirty two cents : of the fifth clafs of proof
and under, per gallon, thirty eight cents : of
the fixth clafs of proof and under, per gallon,
forty fix cents. Which feveral claffes or deno-
minations of proof mall be deemed and taken
to correfpond with thofe mentioned in the " act
" repealing after the laft day of June next,
" the duties heretofore laid upon diflilled fpi-
" rits imported from abroad, and laying others
" in their flead, and alfo upon fpirits diflilled
C 70 ]
specificdu- " within the United States, and for appropri-
5!r;rr- " ating the lame."
""fa Beer, ale and porter, per gallon, eight cents:
fteel, per hundred weight, one hundred cents:
nails, per pound, two cents : cocoa per pound,
two cents : chocolate, per pound, three cents :
playing cards per pack, twenty live cents :
Ihoes and flippers of hlk, twenty cents : all
all other (hoes and flippers for men and wo-
men, clogs and golofhoes, ten cents : all other
ihoes and flioDers for children, feven cents : on
hemp, for every one hundred and twelve
pounds, one hundred cents : on cables, for
every one hundred and twelve pounds, one
hundred and eighty cents : on tarred cordage,
for every one hundred and twelve pounds, one
hundred and eighty cents : on untarred cor-
dage and yarn, for every one hundred and
twelve pounds, two hundred and twenty five
cents : on twine and packthread, for every
one hundred and twelve pounds, four hun-
dred cents : on coal, per bufheJ, four and a
half cents : on falts called Glauber-falts, for
every one hundred and twelve pounds, two
hundred cents.
Articles ad valorem : China wares,
looking glafs, window and other glafs and all
manufactures of glafs, black quart bottles ex-
cepted ; mufkets, pi'ftcls, and other fire arms ;
iwords, cutlaffes, hangers and other fide arms;
itarch ; hair powder ; wafers ; glue ; laces,
lines, fringes, taflels, and trimmings, common-
ly ufe'd by upholfterers, coachmakers and fad-
dlers, and paper hangings ; painters colors,
whether dry or ground in oil, fifteen per cen-
tum ad valorem ; caft, flit and rolled iron, and
generally, all manufactures of iron, fteel, tin,
pewter, copper, brafs, or of which either of
[ 7' 3
tliefe metals is the article of chief value, not
being otherwife particularly enumerated, brafs
and iron wire excepted ; cabinet wares ; lea-
ther tanned and tawed, and ail manufactures
of leather, or of which leather is the article of
chief value, not otherwife particularly enume-
rated ; medicinal drugs, except thofe com-
monly ufed in dying ; hats, caps and bonnets
of every fort ; gloves and mittens ; (lockings ;
milinery ready made ; artificial flowers, fea-
thers and other ornaments for womens head
dreifes ; fans ; dolls dreffed and undreffed ;
toys ; buttons of every kind ; carpets and car-
peting, mats and floor cloths ; fail cloth ;
iheathing and cartridge paper ; all powders,
paries, balls, balfams, ointments, oils, waters,
waihes, tinctures, elfences, or other prepara-
tions or compofitions commonly called iweet
fcents, odors, perfumes or ccfmetics : all denti-
frice-powders, tinctures, preparations, or com-
pofitions whatfoever for the teeth or gums,
ten per centum ad valorem.
Sec. 2. Provided always, and be it further E
entitled, That all articles which are excepted
and exempted from duty by the " act making a&.ctini
farther provifion for tKe payment of the debts nue ''
of the United States," fnall continue to be fo
excepted and exempted, and that, to the arti-
cles heretofore made free from duty, the fol-
lowing fhall be added, namely, copper in pigs
and bars, lapis calaminaris, unmanufactured
wool, wood, fuiphirr.
Sec. 3. And be it further entitled, That from j^^-fa
and after the laft day of June next, in compu- fait after
ting the duty heretofore laid upon fait, a bufhet ^ tJJf^
of fait fhall be deemed not to exceed the weight coHe^ed?
of fifty fix pounds avoirdupois : and as often as
the actual bufliel of fait mall exceed the fa id
Exempffosf
of articles
bv c jr:a:;v
t 7* J
weight, fuch fait fhall be charged in the prcH
portion of the prefent rate of duty per bufhel
for every fifty fix pounds of its actual weight*
•ip goods Sec. 4* And be it further enaclcd, That after
J^JV™* 1^le &$^ *aft ^ay °f June next? tnere ma^ °e
thi»a»si» laid, levied, and collected, in addition to the
prefent duty thereupon, a duty of two and an
half per centum ad valorem, upon all goods,
wares and merchandizes, not above enumera-
ted or defcribed, which, if imported in {hips or
veifels of the United States, are now charge-
able with a duty of five per centum ad Valorem.
Certain ad- Sec. 5. And be it further enacled. That the
dkionaidu- addition of ten per centum made by the fe-
tent.coim- cond fection of the " act: making farther pro-
tmcd, vifion for the debts of the United States,5' to
the rates of duties on goods, wares and mer-
chandize, imported in mips or veifels no: of
the United States, mall continue in full force
and operation, after the faid lafl day of June
next, in relation to the articles herein before
enumerated and defcribed.
Drawbacks ^ec. °^ And be it further enacled, That all
not already drawbacks and allowances authorized by the
continued ■ a<^- aforefaid, which have not been heretofore
abolifhed or changed, mail continue to operate^
as in the faid acl prefcribed in relation to the
feveral duties which fhall become payable by
virtue of this aft, and that in addition thereto,*
there fhall be allowed and paid upon provifions
falted within the United States, except upon
dried fiih$ upon the exportation thereof to any
foreign port or place, as follows, to wit : On
pickled fifh, at the rate of eight cents per bar-
rel, and on other provifions at the fate of five
cents per barrel ; and from and after the firfl
day of January next, there fhall be an addition
C 73 1
of twenty per centum to the allowances, re*- jtotyim _
fpe&ively granted to fnips or veffels employed vinlt^ ei-
£11 the bank or other cod-fimeries, and in the ported ;ai«
terms provided by an act, intituled " An act veffeb "em-
concerning certain fiflieries of the United States, ployed m
raid for the regulation and government of the t-Ja,
Fiiliermen employed therein,*' and during the
continuance of the faid act.
Sec. 7. And be it further enacted. That all ^k*' .
duties, drawbacks and allowances, which, by &c. toap.*
virtue of this act, fha!l be payable or allowable* P'y t0. any
r .- ' • c 1 j quantity,
on any ipecmc quantity or goods, wares and
merchandize, fhall be deemed to apply, in pro*
portion, to any quantity more or lefs than fuch
ipecific quantity.
Sec. 8. And be it further enacled, That the Termor
term of credit for the payment of duties on fait <?editfor .
nil 1 « i-i 11 -i i payment eT
fhall be nine mpnths, and on all articles, tne duties.
produce of the Weft-Indies, fait excepted*
where the amount of the duty to be paid by
one perfon or co-partnerfhip mall exceed fifty
dollars, fhall be four months, and that the du-
ties on all other articles, except wines and teas,
which fliall be imported after the lait day of
June next, fhall be payable, one half in fix,
one quarter in nine, and the other quarter in
twelve calendar months from the time of each
refpective importation.
Sec. 9. And be it further enacled, That the certain
act intituled, " An act to provide more effee- »<% *»ci»*
tually for the collection of duties impofed by JJtodSS
law|pn goods, wares and merchandize impor* fpecified 'm
ted into the United States, and on the tonnage
of fliips and veffels," and as touching the du-
ties on diftilled fpirits only, the acl, intituted,
" An acl; repealing, after the Tail day of June
next, the duties heretofore laid upon diftilled
Voi. JI. K
this adt.
C 74 ]
Ipirits imported from abroad and laying others
in their ftead ; and alfo upon fpirits (Milled
within the United States, and for appropria*
ting the* fame," fhall extend to, and be in full
force for the collection of the duties fpecihed
and laid in and by this act, and generally for
the execution thereof, as fully and effectually,
as if every regulation,, reflriction, penalty, pro*
vifion, claufe, matter and thing therein con-
tained had been herein inferted and re-ena&edi
wines im- Sec. io. And be it further enacled, That all
Fer a wnles> which, after the faid lad day of June
June, how next, fhall be imported into the United States,
ianded. jQiajj be landed under the care of the infpector
of the port where the fame fhall be landed, and
for that purpofe, every permit for landing any
wines, which fhall be granted by a collector,
fhall, prior to fuch landing, be produced to the
faid infpector who, by endorfement thereupon
, under his hand, mall fignify the production
thereof to him, and the time when, after which,
and not otherwife, on pain of forfeiture, it fhall
be lawful to land the faid wines. And the faid
Duty of m- infpe&or fhall make an entry of all fuch per-
ipcdor. . . i r i i j i
mits, and of the contents thereor, and each
pipe, butt, hogfhead, cafk, cafe, box or pack-
age whatsoever, containing: fuch wines, mall
be marked by the officer under whofe imme-
diate inflection the fame mall be Ianded, in
legible and durable characters, with progref-
five numbers, the name of the faid officer, and
the quality or kind of wine, as herein before
enumerated and diflinguiflied. And the faid
officer fhall grant a certificate for each fuch
pipe, butt, hogfhead, cafe, cafe, box or pack-'
age, fpccifying therein the name or names of
the importer or importers, the fhip or vefTel in
which the fame fhall have been imported, and
C 75 1
the number thereof, to accompany the fame
wherefoever it fhall be fent. And if any pipe,
butt, hogfhead, cafk, cafe, box or package,
containing wine, (hall be found without fuch
marks and certificates, the fame mall be liable
to be feized, and the want of fuch marks and
certificates fhall be prefu nptive evidence, that
fuch wine was unlawfully imported and landed.
Sec. ii. And be it further enaSfed, That perfons.
every perfon, who (hall have in his or herpof- having cer-
lemon, wines which are intended tor lale, m tity 0f
quantity exceeding one hundred and fifty gal- £J"ca8ftf°rr
Ions, mail, prior to the faid lad day of June 3Cth June
next, make entry thereof in writing at fome B£f,tof„
' . v . , o make entry
office of mfpecuon m the city, town, or coun- thereof,&c.
ty where he or me mall refide, fpecifying and
defcribing the calks, cafes, boxes and other
packages containing the fame, and the kinds,
qualities and quantities thereof, and where,
and in whofe pofleflion they are ; and the of-
ficer of infpe&ion at whofe office fuch entry
may be made, fhall, as foon as may be there-
after, vifit and mfpect, or caufe to be vifited
and infpecled, the wines fo reported, and fhall
mark, or caufe to be marked, the calks, cafes,
boxes and packages containing the fame, with
progreflive numbers, with the name of the per-
fon to whom the fame may belong, the kind
or kinds thereof, and the words u Old Stock,"
and fhall grant a certificate for each cafk, cafe,
box or package, containing fuch wine, defcri-
bing therein the faid cafk, cafe, box or pack-
age, and the wines therein contained, which
certificate fhall accompany the fame, wherever
it may be fent. And if any perfon who may
.have wines in his or her poffefiion for fale, fhall
not, prior to the faid laft day of June next,
make entry thereof, as above directed, he or
I 76 ]
fhe, for fuch omlffion or neglect, mall forfeit
and pay the value of the wine omitted to be
entered, to be recovered with cofls of fuit, for
the benefit of any perfon who fhall give infor-
mation thereof, and the wines fo omitted to be
entered, mall be forfeited.
How beer. Sec. 12. And be it further enabled, That from
bvoulhxht and after the laft day of December next, no
to u. states, beer, ale, or porter fhall be brought into the
United States, from any foreign port or place,
except in cafks or veffels, the capacity whereof
mall not be lefs than forty gallons, or in pack-
ages containing not lefs than fix dozen of bot-
tles, on pain of forfeiture of the laid beer, ale
or porter, and of the fhip or veifel, in which the
fame mail be brought*
Sec. 13. And be it further enacled, That the
Putksa- feveral and refpective duties aforefaid, except
how long that mentioned in the fourth feclion of this a£t,
£& Vq1" ^ia^ contmu'e to be levied, collected and paid,
until the debts and purpofes, to and for which
the duties, hereby directed to ceafe after the
laft day of June next, were pledged and appro-
priated, fhall have been fully paid and fatished j
and that fo much thereof, as may be necetTary,
fhall be, and are hereby pledged and appropri-
ated, in the fame manner, for the fame purpo-
fes, and with the fame force and effect, as
thofe, which are hereby directed to ceafe after
the faid laft day of June next, and that fo much
of the refidue thereof, as may beneceiTary, fhall
be, and are hereby appropriated for making
good deficiencies in any funds, which may have
been designated for fatisfying grants and ap-
propriations heretofore made.
Sec. 14. And be it further enacled, That the
additional duty of two and an half per centum
I 77 P
ad valorem, fpecified in the fourth feftion of g^jJ&J,
this act, mail continue for the term of two rem duties
years, from the commencement thereof, and ^c^0£
no longer.
Sec. 15*. And be it further enacled, That the Appr0pri-
fum of one hundred and fifty thoufand dollars, J^01^0^
out of the furplus of the duties, which accrued tJ3J us
to the end of the year one thoufand feven hun-
dred and ninety one, and a farther fum of five
hundred and twenty-three thoufand five hun-
dred dollars, out of the furplus of the duties
hereby eftabliflied as the fame fhall accrue,
making together the fum of fix hundred and
feven ty- three thoufand five hundred dollars*
ihall be, and are hereby appropriated and ap-
plied, in addition to any former appropriation
for the military eflablifhment of the United
States, towards carrying into execution the aft,
intituled, " An act for making farther and
more effectual provifion for the protection of
the frontiers of the United States."
Sec. 16. And be it further enacled, That the Prefident
Prefident of the United States be empower- °0 take *™
ed to take on loan, on account of the United loan fronl
States, from the prefident, directors and com- &c. acer-
pany of the bank of the United States, who are uin fum oi'
hereby authorized and empowered to lend the raoney*
fame, from any other body politic or corporate
within the United States, or from any other
perfon or perfons, the whole or any part of the
aforefaid fum of five hundred and twenty-three
thoufand five hundred dollars, to be applied
to the purpofe, to and for wrhich the fame is
above appropriated, and to be reimburfed out
of the aforefaid furplus of the duties by this
acl: impofed, which furplus is, accordingly, ap-
propriated to the faid reimburfement. Frovi-
r 78 l
ded, That the rate of intereft of fuch loans mall
not exceed five per centum per annum, and
that the principal thereof may be reimbursed
at the pleafure of the United States.
Rate of 11- Sec. if. And be it further enacled, That fo
vre tour- much of the acl:, intituled " An acl to provide
France ai- more effeclually for the colleclion of duties
««red' impofed by law on goods, wares and merchan-
dize imported into the United States, and on
the tonnage of mips or veffels," as hath rated
the livre tournois of France at eighteen and
an half cents, be and the fame is hereby re-
pealed.
Mode of Sec. r8. And be it enafted and declared, That
procedure if the principal, in any bond which fhall be
insolvency given to the United States, for duties on goods,,
ofprincipai wares, and merchandize imported, (hall be in-
&c.. 9j folvent, or if fuch principal being dead, his or
her eftate and effects, which fhall have come-
to the hands of his or her executors or admi-
niftrators, fhall be infufficient for the payment
of his or her debts, and if, in either of the faid
cafes, any furety in the faid bond, or the ex-
ecutors and adminiftrators of fuch furety, fhall
pay to the United States the monies thereupon
due, fuch furety, his or her executors or ad-
miniflrators fhall have and enjoy the like ad-
vantage, priority and preference, for the reco-
very and receipt of the faid monies out of the
eftate and effects of fuch infolvent or deceafed
principal, as are referved and fecured to the
United States, by the forty fourth feclion of
the acl:, intituled " An acl: to provide more
effeclually for the colleclion of duties " impo-
" fed by law on goods, wares, and merchan-
*' dize imported into the United States, and on
" the tonnage of fhips or veifels?" and fhall
£ 79 1
%ncl may bring and maintain a fuit Upon the
faid bond, in law or equity, in his, her or their
own name or names, for the recovery of the
monies which mall have been paid thereupon.
And it is further declared, That the cafes of
infolvency in the faid forty fourth fedion men-
tioned, mail be deemed to extend, as well to
cafes in which a debtor, not having fufficient
property to pay all his or her debts, (hall have
made a voluntary alignment thereof, for the
benefit of his or her creditors, or in which the
eftate and effects of an abfeonding, concealed
or abfent debtor fhall have been attached by
procefs of law, as to cafes, in which an act of
legal bankruptcy mail have been committed.
Sec 19. And be it further enacted, That the ^f^'
^Prefident of the United States be, and hereby to appoint
is authorized to appoint fuch place within the P°rt °*j?£
diftrict of Vermont to be the port of entry and livery in
delivery within. the, faid diftricl:, as he may deem Vcnnont-
expedient, any thing in the act, intituled " An
-act giving effect to the laws of the United States
within the (late of Vermont/' to the contrary
notwithftanding.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
fUCttARD HENRY LEE, Prefident pre
tempore of the Senate.
Approved, May fecohd, 1792 :
GEORGE WASHINGTON,
Prefident of the United States,,
t «° I
CHAPTER XXVIIL
An Aci to pro-vide for calftrtg forth the, Militia
to xecute the Laws of the Union, fupprefs
InfurreBions and repel Invajions.
(repealed.)
CHAPTER XXIX.
An Ac! for the Relief of P erf ons imprifoned
for Debt.
(expired.)
CHAPTER XXX.
An Acl authorizing the Grant and Conveyance of
certam hands to "John Clevcs Symmes, and his
Affociates. '
Sec. i. "jO> E it enacled by the Senate and
JL3 Houfe of Reprefentatives of the
Prefident United States of America in Congrefs affembled,
authorized That the Prefident of the United States be
certain1 and he hereby is authorized and empowered
number of to jffue letters patent in the name and under
stcrcs to T
csymmes, the feal of the United States, thereby granting
°n "rfain and conveying to John Cleves Symmes and
his affociates, and to their heirs and amgns, in
fee fimple, fuch number of acres of land as the
payments already made by the faid John Cleves
Symmes, his agents or affociates, under their
contract of the fifteenth day of October one
thoufand feven hundred and eighty eight, will
pay for, eftimating the lands at two thirds of
[ 8i ]
a dollar per acre, and making the refervations
fpecified in the faid contract.
Sec. 2. And be it further enacled, That the To grant
Prefident be and he hereby is further authori- °ra&, '
zed and empowered, by letters patent as afore-
faid, to grant and convey to the faid John'
Cleves Symmes and his alfociates, and to their
heirs and affigns in fee fimple, one other tract
of one hundred and fix thoufand eight hun-
dred and fifty feven acres, with the referva-
tions as aforefaid : Provided, That the faid
John Cleves Symmes, or his agents or alfoci-
ates, or any of them, (hall deliver to the Se-
cretary of the Treafury, within fix months,
warrants which iflued for army bounty rights
fufficient for that purpofe, according to the
provifion of the refolves of Congrefs of the
twenty third of July, and fecond of October,
one thoufand feven hundred and eighty feven ;
but in cafe, fo many warrants mould not be '
delivered, then the letters patent lalt aforefaid
to be given for fuch number of acres, as (hall
be in proportion to the warrants fo delivered.
Sec. 3. And be it further enacled, That the one town-
Prefident be and he is hereby authorized and ^f^"
empowered, by letters patent as aforefaid, to miuaries of
grant and convey unto the faid John Cleves learnins-
Symmes and his alfociates, their heirs and af-
figns, in trull for the purpofe of eltablifliing
an academy and other public fchools and fe-
minaries of learning, one compleat townfhip,
conformably to an order of Congrefs of the
fecond of October, one thoufand feven hun-
dred and eighty-feven, made in confequence of
the application of the faid John Cleves Symmes,
for the purchafe of the tract aforefaid.
Sec. 4. And be it further enacted, That the
feveral quantities of land, to be granted and
Vol. II. L
C 82 ]
The lands conveyed as aforefaid, fhall be included and
to be loc?.- iocatecl within fuch limits and lines of boun-
aDie to a dary, as the Prefident may judge expedient,
former a& agreeably to an act palTed the twelfth day of
April, one thoufand feven hundred and ninety
two, " for afcertaining the bounds of a trac\
of land purchafed by John Cleves Symmes."
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident pro
tempore of the Senate.
Approved, May fifth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
mil mill "nirr-
CHAPTER XXXI.
An Acl to alter the Time for the next annual
Meeting of Congrefs.
(expired.)
CHAPTER XXXII.
An Acl concerning the Duties on Spirits diftilled
within the United States.
Sec. 1 . ¥3 E ;/ enacled by the Senate and
_J3 Houfe of Reprefentatives of the
ties'after u United States of America, in Congrefs affembled,
the laiiday That from and after the lafl day of June next,
waTcfand the prefent duties upon fpirits diftilled within
Former du-
C 83 ]
the United States, and on ftills, fhall ceafe, and
that in lieu thereof, upon all fpirits which af-
ter the faid day fhall be diftilled within the
United States wholly or in part from molafles,
fugar or other foreign materials, there mail be
paid the duties following, that is to fay :
For every gallon of thofe fpirits of the firft other du-
clafs of proof, ten cents ; for every gallon of paTd'upon
thofe fpirits of the fecond clafs of proof, eleven fpirits dif-
cents ; for every gallon of thofe fpirits of the f^ign ma-
third clafs of proof, twelve cents ; for every teriais.
gallon of thofe fpirits of the fourth clafs of
proof, fourteen cents ; for every gallon of
thofe fpirits of the fifth clafs of proof, eighteen
cents j for every gallon of thofe fpirits of the
fixth clafs of proof, twenty five cents. And
upon all fpirits which after the faid day fhall ,
be diftilled within the United States from ma-
terials of the growth or produce of the United
States, in any city, town or village, at any
diftillery at which there fhall be one or more
flills which hngly or together fhall be of the
capacity of four hundred gallons or upwards,
there fhall be paid the duties following, that
is to fay ;
For every gallon of thofe fpirits of the firft On fpirits
, r r r r r 11 r diftilled 01
clals or proof, leven cents ; ror every gallon or the materi-
thofe fpirits of the fecond clafs of proof, eight a,s of the
cents ; for every gallon of thofe fpirits of the
third clafs of proof, nine cents; for every gallon
of thofe fpirits of the fourth clafs of proof,
eleven cents ; for every gallon of thofe fpirits
of the fifth clafs of proof, thirteen cents ; for
every gallon of thofe fpirits of the fixth clafs
of proof, eighteen cents. And upon ftills which
after the faid day fhall be employed in diftil- gg on
ling fpirits from materials of the growth or
produce of the United States, at any other
[ 84 ]
place than a city, town or village, or at any dif-
tillery in a city, town or village at which there
fhall be one or more frills, which fingly if only
one, or together if more than one, lhall be of
lefs capacity than four hundred gallons, there
lhall be paid the yearly duty of fifty four cents
for every gallon Englifh wine meafure of the
capacity or content of each and every fuch
ftill including the head thereof: Provided,
how paid. That it mall be at the option of the proprie-
tor or pofTefTor of any fuch {till, inftead of the
faid yearly duty, either to pay feven cents for
every gallon of fpirits by him or her diflilled,
or to pay at the rate of- ten cents per gallon
of the capacity for each and every month of
owners in the employment of any fuch ftill ; and in cafe
lohow'to the faid Proprietor or pofTefTor lhall elect to
make entry pay either the faid rate of feven cents per gal-
offtiiiSj&c. lonj of the fpIritg by him or her diflilled, or
the faid monthly rate of ten cents, according
to the capacity of his or her ftill or ftills, he
or fhe at the time of making entry of his or
her ftill or ftills in manner herein after direc-
ted, fhall by writing under his or her hand,
tain licence left at the office of infpection where fuch en-
for work- try lhall be made, notify the faid election, and
mg em. .^ ^e fame fhaii De to pay the faid monthly
rate of ten cents, fhall demand a licence for
the term of time, fpecifying the day of com-
mencing and the day of ending, during which
he or Ihe lhall intend to work his or her ftill
or ftills, which licence fhall without delay or
expenfe to the faid proprietor or pofTefTor be
granted, and fhall be figned by the fupervifors
of the revenue and counterfigned by the of-
ficer at whofe office application for the fame
fhall have been made. And in the cafe of an
election to pay the faid monthly rate of ten
C §5 ]
cents, it fhall not be lawful for any perfon by
whom the fame fhall have been made, to work
his or her ftill or ftills, at any time, within
the" year from the date of his or her entry
thereof, other than that for which a licence
fhall have been granted, unlefs he or fhe mall
have previoufly obtained another licence for
fuch further time, which upon like application
fhall, and may be granted, in like manner; and
if any fuch perfon fhall work his or her ftill
or ftills, contrary to the direction or provifi-
on aforefaid, he or me fhall forfeit and pay for Penalty 'for
every fuch offence, two hundred dollars. And JjjjJ^jfk-
in every cafe in which any proprietor or pof- out licence.
feffor of a ftill or ftills fubjecl: to the payment
of duty according to the capacity of fuch ftill
or ftills, fhall not make election to pay accor-
ding to one or the other of the alternatives
aforefaid ; or fhall not duly comply therewith,
he or fhe mall be liable to pay, and fhall pay
the faid yearly rate of fifty four cents for every
gallon of the capacitv or capacities of his or
her ftill or ftills.
Sec. 2. And be it further ena died- That there nfl- f.
1 • i J t 1 1 ■ 1 • Office of iu-
be in each county comprehended within any fpe&ion m
diftrid, at leaft one office of infpeftion, at TfoAT"
which every perfon having or keeping a ftill try of mils,
or ftills within fuch county, fhall between the &c'
laft day of May, and the firft day of July in
each year, make entry of fuch ftill or ftills ;
and at which every perfon, who being a refl-
uent within the county .mall procure a ftill or
ftills, or who removing within a county, mail
bring therein a ftill or ftills, fhall within thirty
days after fuch procuring or removal, and be-
fore he or me fhall begin to ufe fuch ftill or
ftills, make entry thereof. And every entry
befides defcribing each ftill and the. capacity
[ 36 ]
thereof, fhall fpecify the place where, and the
perfon in whofe poffeffion it is, and the pur-
pofe for which it is intended, as whether for
fale or ufe in diftilling ; and in the cafe of re-
moval, mall fpecify the place from which eve-
ry fuch ftill mail have been brought.
Proprietors Sec. 3. And be it further enacled, That
Sefordu- every proprietor and poffeffor of a ftill mall
tyon mils be jointly and feverally liable for the duty
thereupon ; and that every owner of land,
upon which any ftill mall be worked, mall be
liable for the duty thereupon, unlefs the fame
fhall be worked by a lawful and bona fide te-
nant of the land of an eftate, not lefs than for
the term of one year, or unlefs fuch owner
can make it appear, that the pofleffor of, or
perfon by whom fuch ftill fhall have been
worked, was during the whole time of work-
ing the fame, a trefpaffer or intruder on his
land.
officers to Sec. 4. And be it further enatled^ That eve-
r°rl^fr m" ry officer of infpeftion within whofe furvey any
diftiiiery of diftillery of geneva or fweet cordials, fubjecl:
gChours &r to t^e payment of duty by the gallon of the
fpirits diftilled thereon may be, fhall forbear
to vifit or infpect for a fpace not exceeding
two hours in each day, fuch part of the faid
diftillery as he may be required by the propri-
etor, poffeffor or manager of fuch diftillery to
forbear to vifit and infpecl, for which purpofe
on written it fhall be neceflary for the faid proprietor, pof-
noticelrom r rr • a.' • • •
the propri lellor or manager, to give notice m writing to
etors. the faid officer, defcribing therein particularly
the part of fuch diftillery, which it fhall be his
defire that the faid officer may forbear to vi-
fit and infpecl:, and fpecifying the time of each
day for which fuch forbearance fhall be de-
fired»
C 87 3
Sec. 5. And be it further enacled, That it sec'yofthc
fhall be in the difcretion of the Secretary of treafury to
the Treafury, to regulate as well the marks, to Sksup*
be fet upon the cafks, veffels and packages con- «n "&*>
taining diftilled fpirits, as the forms of the
certificates which are to accompany the fame,
and that when any calk or veffel in which dif-
tilled fpirits have been contained, fhall have
been emptied of its contents, it fhall be
lawful for the marks thereupon to be effaced
by, or in the prefence of an officer of infpec-
tion, and if the faid calk or veffel fhall after-
wards be ufed for putting therein other fpirits,
the fame may be marked anew.
Sec. 6. And be it further enacted? That in- Notice to
{bead of a notice of twenty-four hours hereto- f0ergXain-
fore required to be given of the intent to ex- ing draw-
port diftilled fpirits in order to the benefit of J^ts°"x_
the drawback of the duties thereupon, fix hours ported.
fhall be fufficient.
Sec. 7. And be it further enacted, That there Abatement'
be an abatement for leakage at the rate of two for leakage.
per cent, in every cafe in which the duty fhall
be payable by the gallon of the fpirits diftilled,
to' be allowed at the diftillery where fuch fpi-
rits fhall be made.
Sec. 8. And be it further enacted, That the Dutyof 0f_
officer of inflection within whofe furvey any ficers of in-
ftill fhall be, the duty whereupon is payable f^n."
according to the capacity of the ftill, fhall
identify by progreffive numbers and other pro-
per marks, -every fuch ftill within his furvey,
and the duty thereupon fhall operate as a fpe-
cific lien upon the faid ftill.
Sec. 9. And be it further enacled, That eve-
ry diftiller of, and dealer in fpirits, who may
have in his or her pofteflion, diftilled fpirits
[ S3 ]
DiaiHcr?, not marked or certified, purfuant to the acT,
^c.offpi- intituled, " An adt repealing after tire laft day
nts* wlicn . ^ *
to report of June next, the duties heretofore laid upon
the n"™'1- diftilled fpirits imported from abroad, and lay-
ty on hand;. r , ,1 J # J
mg others in their ltead, and alio upon fpirits
diftilled within the United States, and for ap-
propriating the fame," mail prior to the laft
day of September next, report the fpirits in
his or her 'poffeffion, in writing at fome office
of infpe&ion, to the end that fuch fpirits may
« „,. be marked and certified as old ftock. And
calks not lr i r • i n
marked ac- that from and after the faid laft day of Sep-
k^'iifbie tember next, cafks and vefTels of the capacity
to ieizure, of twenty gallons and upwards, containing
diftilled fpirits, which mall be found in the
poffeffion of any diftiller or dealer in fpirits,
except at a diftillery where the fame were
made, or in going from one place to another,
without being marked according to law, or
without having a certificate from fome pro-
per officer, fhall be liable to feizure and for-
feiture, and that it mall be the duty of the fe-
veral officers of infpeclion, upon requeft of
officefto11 any dealer or diftiller to take meafures for the
mark cafks, marking of calks, vefTels and packages con-
&c* taining diftilled fpirits, and to furniih fuch
dealer or diftiller, free from expenfe, with cer-
tificates to accompany the fame ; Provided,
That it fhall not be incumbent upon any fuch
officer to mark or certify any cafk, veffel or
package which ought to have been before
marked or certified according to any law of
the United States.
prii 1795, Sec. 10. And be it further ena&ed, That
lpiritsto from and after the laft day of April, one thou-
to u. states fand feven hundred and ninety-three, no dif-,
in calks of tilled fpirits, except arrack andfweet cordials,
&c.sa )ns' mail be brought into the United States from
C s9 ]
any foreign port or place, except in cafks or
veifels of the capacity of ninety gallons and
Upwards.
Sec. ii. And be it further enacied, That no Drawbacks
drawback of the duty on diftilled fpirits which JjJ^gJf
ihall be exported after the 1 aft day of June allowed,
next, fhall be allowed upon any quantity lefs
than one hundred Gallons*
. Sec. 12. And be it further enricied, That af- ^fter jUnd
ter the laft day of June next, no diftilled fpi- fiext: how
tits fhall be brought into the United States, be'lmpor*
from any fpreign port or place, in any calk or t^
veifel, which fhall have been marked pUrfuant
to any law of the United States concerning
diftilled fpirits, on pain of forfeiture of the fpi-
rits fo brought, and of the fhip or veffel in
which they fhall be brought.
Sec. 13* And be it further enacted, That ii p j^ m
the owner or pofTeftor of any ftill or ftills fhall negiedUng
neglect to make entry thereof, within the time J°™*kftuj2~
and in the manner prefcribed by the feeond
fection of this act, fuch owner or pofTeffor fhall
forfeit and pay the fum of two hundred and
fifty dollars ; and if any diftilled fpirits, except
arrack and fweet cordials, fhall, after the laft
day of April next, be brought into the United q^^
States in calks or veifels of lefs capacity than fpirits im-
ninety gallons, all fuch fpirits, and the calks biTt0dfor-~
and veffels containing the fame, fhall be rub- feiture:
ject, to feizUre and forfeiture, and every fuch how^tfpo*
penalty or forfeiture lhall be one half to the fed of.
ufe of the United States, and the other half
to the ufe of the perfon who fhall firft difco-
Ver and make known the matter or thing
whereby the fame fhall have been incurred.
Sec* 14. And be it further cnacled, and de*
dared, That the duties hereby laid fhall con*
tinue in force, for the fame time, and are
You II* M
C 9° ]
Continua- hereby pledged and appropriated to and for
tjonof da- the fame purpofes, as thofc, in lieu of which
herein,' for they are laid, and purfuant to the aft, intitled,
what pur- « An aft repealing after the lad day of June
priateSf °" next, the duties heretofore laid upon diftilled
fpirits imported from abroad, and laying
others in their Head, and alfo upon fpirits dif-
tilled within the United States, and for ap-
propriating the fame/'
Kedu'vSHon Sec. 15. And "be it further enacledy That to
herein7 make good any deficiency which may happen
made good, in confequence of the reduction hereby made
Jgrprodua in the rates of the duties on fpirits diftilled
tain adt. within the United States, and on frills, fo much
of the pro duel: of the duties laid by the act in-
titled, " An act for raifing a farther fum of
money for the. protection of the frontiers, and
for other purpofes therein mentioned," as may
be neceffary, mall be and is hereby pledged
and appropriated to the fame purpofes, to and
for which the duties, hereby reduced, were
pledged and appropriated.
Allowance Sec. 1 6. And be it further enacled, That the
££XVi" Prefident of the United States be authorized
to make fuch allowances! for their refpective
fervices to the fupervifors, infpectors, and other
officers of infpection, as he fhall deem reasona-
ble and proper, fo as the faid allowances, to-
gether with the incidental expenfes of collect-
ing the duties on fpirits diftilled within the
United States, fhall not exceed feven and an
half per centum of the total product of the
duties on diftilled fpirits, for the period to
which the faid allowances fhall relate, comput-
ing from the time the act intitled " An act
repealing after the laft day of June next, the
duties heretofore laid upon diftilled fpirits im-
ported frcm abroad, and layirg others in
t 91 ]
their ftead, and alfo upon fpirits diftilled with-
in the United States, and for appropriating the
faiiie, tco\ effect : And provided al/o, That fuch
allowance fhall not exceed the annual amount ceeVyofooo
o feventy thoufand dollars, until the fame dollars.
flail be further afcertained by law.
Sec. 1 7. And be it further enacled, That the certain a<a
acl: intitled, " An act repealing after the lad >n force fo»
day of June next, the duties heretofore laid ofthedu-
upon diftilled fpirits imported from abroad *iea» .&c*
and laying others in their Head, and alfo upon
fpirits diftilled within the United States, and
for appropriating the fame," fhall extend to
and be in full force for the collection of the fe-
veral duties herein before mentioned, and for
the recovery and diftribution of the penalties
and forfeitures herein contained, and generally
for the execution of this acl, as fully and ef-
fectually as if every regulation, reftriction, pen-
alty, provifion, claufe, matter and thing therein
contained were infer ted in and re-enacted by
this prefent acl:, fubject only to the alterations
hereby made.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident pre
tempore of the Senate.
Approved, May eighth, 1792:
GEORGE WASHINGTON,
Prefident of the United States.
[ ft* ]
CHAPTER XXXIII.
An Ad more effectually to provide for the National
Defence, by ejiablijhing an Uniform Militia
throughout the United States.
Sc£t. i ."|3 E it enacledby the Senate and Houfc
Militia jfj' of Reprefentativcs of the United
thomntoS States of America, in Congrefs afembled, That
enrolled, each and every free able-bodied white male-
citizen of the re/pe&ive ftates, refident therer
in, who is or mall be of the age of eighteen
years, and under the age of forty- five years,
(except as is herein after excepted) (hall fede-
rally and refpe&ively be enrolled in the mili-
tia by the captain or commanding officer of
the company, within whofe bounds fuch citizen
fhall refide, and that within twelve months
after the palling of this act. And it fhall at
all times' hereafter be the duty of every fuch
captain or commanding officer of a company
to enrol every fuch citizen, as aforefaid, and
alfo thefe who fhall, from time to time, arrive
at the age of eighteen years, or being of the
age of eighteen years and under the age of
forty- five years (except as before excepted)
ifiall come to refide within his bounds ; and
fhall without delay notify fuch citizen of the faid
enrollment, by a proper non-commiffioned of-
ficer of the company, by whom fuch notice
may be proved. That every citizen fo enrolled
and notified, mall within fix months thereafter,
f?qw to be provide himfelf with a good mufket or fire-
lock, a fufficient bayonet and belt, two fpare
flints, and a knapfack, a pouch with a box there-
in to contain not lefs than twenty four car-
tridges, fuited to the bore of his mufket or fire-
lock, each cartridge to contain a proper quan-
tity of powder and ball : or with a good rifle?
armed and
accoutred
C 93 ]
knapfack, mot-pouch and powder-horn, twen-
ty balls fuited to the bore of his rifle, and a-
quarter of a pound of powder ; and fhall ap-
pear, fo armed, accoutred and provided, when-
called out to exercife, or into fervice, except,
that when called out on company- days to ex-
ercife only, he may appear without a knapfack.
That the commifiioned officers (hall feverally
be armed with a fword or hanger and efpon- -
toon, and that from and after five years from
the paffing of this aft, all niufquets for arming
the militia as herein required, fhall be of bores
fufficient for balls of the eighteenth part of a-
pound. And every citizen fo enrolled and pro-
viding himfelf with the arms, ammunition and
accoutrements required, as aforefaid, fhall hold
the fame exempted from all faits, diftreifes,
executions or fales, for debt or for the payment
of taxes.
Seel, 2. And be it further enacled0 That the Execute
Vice-Prefident of the United States ; the of- J*Jj^J»
ficers, judicial and executive of the govern- empted.
ment of the United States ; the members of
both houfes of Congrefs, and their refpective
officers ; all cuftom-houfe officers with their
clerks; all poft officers, and ftage-drivers,
who are employed in the care and conveyance
of the mafl of the p'bft- office of the United -
States ; all ferrymen employed at any ferry on
the poft-road; all infpe&ors of exports ; alt
pilots ; all mariners actually employed in the
fea-fervice of any citizen or merchant within ;
the United States ; and all perfons who now
are or may hereafter be exempted by' the laws-
of- the refpective flates, fhall be, and are here-
by exempted from^ militia duty, notwkh-
ftanding their being above the age of eighteen,
and under the age of forty^five years.
C 94 ]
ilolT b ^e<a* 3* ^/7^ ^ z/ further enafled, That
arranged, within one year after the palling of this a6t,
and the militia of the refpeclive ftates (hall be ar-
ranged into divifions, brigades, regiments, bat-
talions and companies, as the legiilature of
, each Hate fhall direct ; and each divifion, bri-
gade and regiment, mall be numbered at the
formation thereof ; and a record made of fuc'h
numbers in the adjutant-general's office in the
Hate ; and when in the field, or in fervice in
the Hate, each divifion, brigade, and' regiment
fhall, refpeclively, take rank according to their
numbers, reckoning the firft or loweft num-
ber higheft in rank. That if the fame be con-
venient, each brigade fhall ccnfift of four re-
giments ; each regiment of two battallions ;
each battallion of five companies ; €ach com-
fcy whom pany of fixty-four privates. That the faid rriili-
efficercd. tja ^ajj ^e 0{fLCtYed by the refpeclive ftates, as
follows : To each .divifion, one major-general
and two aids-de-camp, with the rank of major ;
to each brigade, one brigadier-general, with
one brigade-infpecl:or, to lerve alfo as brigade-
major, with the rank of a major ; to each re-
giment, one lieutenant-colonel commandant ; .
and to each battallion one major ; to each
company one captain, one lieutenant, one en-
iign, four ferjeants, four corporals, one drum-
mer and one fifer or bugler. That there fhall
be a regimental ftaff, to confrft of one adjutant
and one quarter- mafter, to rank as lieutenants;
one pay- mafter, one furgeon, and one furgeon's
mate ; one ferjeant-major ; one drum-major,
and one fife-major.
Sec. 4. And be it further enabled, That out
of the militia enrolled, as is herein directed,
(hall be formed for each battallion at
; apany of grenadiers, light infantry
[ 95 3
or riflemen ; and that to each divifton, there Eacji b-at-
mall be at lead one company of artillery, and hl^one
one troop of horfe : there {hall be to each company of
company of artillery, one captain, two lieute- &£"* nd '
nants, four ferjeants, four corporals, fix gun- onecomp*.
ners, fix bombardiers, one drummer and one J1^0
fifer. The officers to be armed with a fword office's
or hanger, a fufee, bayonet and belt, with a how t© be
cartridge-box to contain twelve cartridges ; arme '
and each private or matrofs mall furnifii him-
felf with all the equipments of a private in the
infantry, until proper ordinance and field ar-
tillery is provided. There mail be to each „
J r i r • i • Troops of
troop or none, one captain, two lieutenants, horfe how
one cornet, four ferjeants, four corporals, one o[r'ecred>
faddler, one farrier, and one trumpeter. The
commiffioned officers to furniih themfelves
with good horfes, of. at leaf! fourteen hands
and an half high, and to be armed with a
fword, and pair of pidols, the holders of
which to be covered with bearikin caps. Each
dragoon to furmih himfelf with a ferviceable
horfe, at lead fourteen hands and an half high,
a good faddle^ bridle, mail-pillion and valife,
holders, and a bread-plate and crupper, a
pair of boots and fpurs, a pair or pidols, a fa-
bre, and a cartouch-box, to contain twelve
cartridges for pidols. That each company of
artillery and troop of horfe mall be formed of ^orfJJ f
volunteers from the brigade, at the difcretion whom to be
of the commander in chief of the date, not Iormed *
exceeding one company of each to a regiment, „ ,
o i J o ? to be urn ■
nor more in number than one eleventh part formiy clad
of the infantry, and (hall be uniformly cloathed *phJjj°WU:
in regimentals, to be furnifhed at their own
expenfe ; the colour and faOiibri to be deter-
mined by the brigadier commanding the bri-
gade to which they belong.
C f 1
What co- Sec. 5. And be it further enabled, That each
jors, &c. battallion and regiment mall he provided with
and by in * • » 7 , 1 ^ 1 »
^vjomtobc the kateand regimental colours by the field
funmhtd. 0fficerSj anc| each company with a drum and
fife cr bugle-horn, by the commhTioned offi-
cers of the company in fiich manner as the
legillature of the refpetiive ftates mall direct.-
',. v Sec. 6* And be it further enabled, That
Adjutant- J ' .
general in there mall be an adjutant-general appointed
Ssdiuy6 *n eac^ ^ate' wn°fe duty it mall be to diftri-
bute all orders from the commander in chief
of the ftate to the feveral corps ; to attend all
public reviews when the commander in chief
of the ftate lhall review the militia, or any
part thereof ; to obey all orders from him re-
lative to carrying into execution and perfec-
ting the fyftem of military difcipline .eftablifti-
e_d by this act ; to furnifli blank forms of dif-
ferent returns that may be required, and to
explain the principles on which they fhould
be made ; to receive from the feveral officers
of the different corps throughout the ftate,
returns of the militia under their command,
reporting the actual fituation bf their arms,
accoutrements and ammunition, their delin-
quencies and every other thing which relates
to the general advancement of good order and
difcipline : All which the feveral officers or
the divifions, brigades, regiments and battaU
lions, are hereby required to make in the ufu-*
al manner, fo that the faid adjutant-general
may be duly furnifhed therewith : From all
which returns, he fhall make proper abftracls,
and lay the fame annually before the com-
mander in chief of the ftate.
Rules of Sec. 7. And be it further enabled, That the
difcipline. rules of difcipline, approved and eftablifhed
by Congrefs in their reiblution, of the twen*
[ 97 3
ty-ninth of March, one thoufand feven hun-
dred and feventy-nine, mall be the rules of
difcipline to be obferved by the militia through-
out the United States, except fuch deviations
from the faid rules as may be rendered necef-
fary by the requisitions of this acl, or by fome
other unavoidable circumfhmces. It (hall be
the duty of the commanding officer at every
mufter, whether by battallion, regiment or
fingle company, to caufe the militia to be ex-
ercifed and trained agreeably to the faid rules
of difcipline.
Sec. 8. And be it further cna fled, That all officers
commimoned officers (hall take rank accord- k°jtota¥
ing to the date of their commiffions ; and when
two of the fame grade bear an equal date, then
their rank to be determined by lot, to be drawn
by them before the commanding officer of the
brigade, regiment, battallion, company or de-
tachment.
Sec. 9. And be it further enaclcd, That if provifion
any peribn, whether officer or foldier, belong- ia cafc ot"
ing to the militia of any Hate, and called out &c.
into the fervice of the United States, be woun-
ded or difabled while in actual fervice, he mall
be taken care of and provided for at the pub-
lic expenfe.
Sea 10. And be it further enacled- That it „ . , .
mail be the duty of the brigade mfpector, to fpe&or's
attend the regimental and battallion meetings dut?-
of the militia compofing their feveral brigades,
during the time of their being under arms, to
infpect their arms, ammunition and accoutre-
ments ; fuperintend their exercife and ma-
noeuvres, and introduce the fyftem of milita-
ry difcipline before defcribed throughout the
brigade, agreeable to law, and fuch orders as
they (kail, from time to time, receive from the
Vol. II. N
[ 98 ]
Brigade in-
fpciilor's
duty.
Artillery,
&(N now
■exifting,
to retain
their pri-
vileges. .
commander in chief of the ftate ; to make re-
turns to the adjutant-general of the ftate, at
leaft once in every year, of the militia of the
•brigade to which he belongs, reporting there-
in the aftual fituation of the arms, accoutre-
ments and ammunition of the feveral corps,
and every other thing which, in his judgment,
may relate to their government and the gene-
ral advancement of good order and military
discipline; and the adjutant- general mall make
a return of all the militia of the ftate, to the
commander in chief of the faid ftate, and a
duplicate of the fame to the Prefident of the
United States.
< And whereas fundry corps of artillery, ca-
valry and infantry, now exift in feveral of the
faid fiates, which by the laws, cuftoms or ufages
thereof have not been incorporated with, or
fubject to the general regulations of the mi-
litia :
Sec. ii. Be it further enabled, That fuch
corps retain their accuftomed privileges, fub-
je£L> neverthelefs, to all other duties required
by this act in like manner with the other mi-
litia.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefeniatives.
RICHARD HENRY LEE, Prefident pro
tempore of the Senate.
Approved, May eighth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
C 99 J
CHAPTER XXXIV.
An Acl relative to the Compenfations to certain
Officers employed in the Cdicclion. of the Duties.
cf Impoft and Tonnage.
Section i.TFJE it enacted by the Senate and
JL-3 Houfe of Representatives of th$
United States of America in Congrefs a/fembled,
That from and after the Iaft day of June next,
in addition to the fees and emoluments which
may accrue to the officers employed in the: fpec|filc a*_
collection of the duties of impoft and tonnage, lowance
by the proviftens already made, they fhall fe- ju]'y next
verally have, and be entitled to the refpeclive to certain
nl J r n • • 1-t-" r iurveyors
allowances following., to wit ; ifte iurveyors. andcoikc-
of Newburyport, Salem, Saint Mary's and tora-
Wilmington in North- Carolina, the yearly
fum of. one hundred dollars, each ; the fur-
veyors of Beverley, North-Kmgflon, Eaft-
Greenwich, Warren, Briftol, Pawcatuck-ri-
ver, Providence, Patuxet, New-Haven, Lew-
ellenfburg,. Alexandria, Beaufort, Hertford,,
Winton, Bennet's creek, Plymouth, Windfor,.
Skewarkey, Murfreefborough, Nixonton, In-
dian-town, Currituck-inlet, Pafquotank-river
bridge, and Newbiggen creek, the yearly fum
of eighty dollars, each ; the furveyor of Portf*-
mouth, the yearly fum of fixty dollars ; the
furveyors of Ipfwich, Portland, Newport,
Stonington, Middleton, Bermuda-Hundred,.
Peterfburg, Richmond and Savannah, the
yearly fum of fifty dollars, each ; the furvey-
ors of Gloucefter, New London and Swanfbo-
rough, the yearly fum of thirty dollars, each ;
the furveyors of Hudfon, Little Egg-harbor,
Suffolk, Smithneld, Urbanna, and Frederickf-
burgf the yearly fum of twenty dollars, each 5
the collector of the diftrift of Wilmington in,.
[ ioo ]
Additional North-Carolina, the yearly fura of one hull*
lowance tired and fifty dollars ; the collectors of the
STa/it ^^ri^s olC Portfmouth, Gloucefter, Albany,
to certain Annapolis, Vienna, Nottingham, York-town,
furveyors Dumfries and Louifville, the yearly mm of
unci coll CO ^
tors. one hundred dollars, each ; the collector of
the diftridt of Fairfield, the yearly fum of eigh-
ty dollars ; the collectors of the diftricls of
Marblehead, Plymouth, Barnftable, Nantuc-
ket, New Bedford, Digliton, York, Bidde-
ford and Pepperelborough, Bath, WifcaiTet,
Machias, Newport, New-Haven, Perth Am-
boy, Great Egg-harbor, Wilmington in De-
laware, Chefter, Cedar-point, George-town,
Hampton, South Quay, Washington, Plank-
bridge and George-town in South-Carolina,
the yearly fum of fifty dollars, each ; the na-
val officer of the dlfhrlct of Portfmouth, the
yearly fum of one hundred dollars ; the naval
officers of the diftricts of Newburyport, New-
port, Providence, Wilmington in North- Caro-
lina and Savannah, the yearly fum of fifty
dollars, each ; the collector of the dillrict of
Salem and Beverley, one fourth of one per
centum on the amount of all monies by him
received on account of the faid duties ; and
to the collectors of the diftricts of Portfmouth,
Newburyport, Gloucefter, Marblehead, Ply-
mouth, Nantucket, Edgartown, New Bed-
ford, Dighton, York, Biddeford and Peppe-
relborough, Portland, Bath, WifcaiTet, Penob-
fcot, FrenchmanVbay, Machias, Newport,
Providence, New-Haven, Fairfield, Perth Am-
boy, Burlington, Great Egg-harbor, Wilming-
ton in Delaware, Oxford, Vienna, Snowhill,
Annapolis, Nottingham, Cedar-point, George-
town in Maryland, Hampton, York-town,
Yeocomico, Dumfries, Foley-landing, Cherry-
C ioi 3
Iftone, South Quay, "Wilmington in North-
< Carolina, Newbern, Wafhington, Edenton,
'Plank-bridge, George-town in South-Caroli-
na, Beaufort, and Savannah, each, one half
of one per centum- on the amount of all mo-
nies by them refpectively received on account
of the duties aforefaid,
Sect. 2. And be it further enabled, That from
and after the laft day of June next, the allow- To C0'Iec-
ance of three-fourths or one per centum to the York and
collectors of the diftri&s of Pennfylvania and Pennfyiva,
the city of New- York, on the amount of all per cent,
monies by them refpectively received, on ac- &c-
count of the duties of impofl and tonnage,
mail ceafe, and inftead thereof, they (hall, af-
ter that time, be entitled to one-half of one
per centum on all fuch monies by them reflec-
tively received.
Sec. 3. And be it further enabled. That from
and after the lad day of June next, the expenfe office rent,
of fuel, office-rent and neceffary ftationary, ^fr °l^'
for the collectors of the diflricts of Salem and le^ors,
Beverley, Bolton and Charleftown,the cities of h°™ tobc
New- York, Philadelphia and Charlefton, the
towns of Baltimore, Norfolk and Portfmouth,
mail be paid, three-fourths by the faid col-
lectors, and the other fourth by the refpective
naval-officers in thofe diftricls.
Sec. 4. And be it further enabled, That when-
ever a Collector fhall die, the commiffions, to J™^1"
which he would have been entitled on the re- death of a
ceipt of all duties bonded by him, fhall be Sw^S*.
equally divided between the legal reprefenta- fed of.
tives of fuch deceafed collector and his fuccef-
for in office, whofe duty it fhall be to collect
the fame ; and for this purpofe the faid repre-
fentatives fnall deliver over to fuch fuccerlorall
[ 102 ]
the public or official books, papers and ac-
counts of the faid deceafed.
JONATHAN TRUMBULL, Speaker
of the Houfc of Reprefentaii-ves.
RICHARD HENRY LEE, Prefident pri
tempore of the Seriate.,
Approved, May eighth, 1792 :
GEORGE WASHINGTON,
Prefideni of the United States,
CHAPTER XXXV.
An Acl to continue in Force the Act, intitledy
i' An act to pro-vide for mitigating or remit-
ting the Penalties and Forfeitures accruing
under the Revenue-Laws in certain Cafesy"
and to make further Provifion for the Payment
of Penfions to Invalids.
(expired.)
CHAPTER XXXVI.
An Acl for regulating Proceffes in the Courts
of the United States , and providing Compenfa-
tion for the Officers of the faid Courts, and
for furors and IVitneffes.
Secb. 1 . "IQI E it enacled by the Senate and Floufe
J13 of Reprefeniatives of the United
Writs by States of America, in Congrefs afembled, That all
Sf''*1'? writs and proceffes iffuino- from the iupreme or
ted. a circuit court, ihall bear teil of the chief juf-
[ W3 ]
tice of the fupreme court (or if that office mall
be vacant) of the affociate jultice next in pre-
cedence ; and all writs and proceffes iffuing
from a diftrict court, mall bear left of the judge
of fuch court, (or if that office fhall be vacant,)
of the clerk thereof, which faid writs and pro-
cefies mall be under the feal of the court from
whence they ifliie, and figned by the clerk
thereof. The feals fhall be provided at the ex-
penfe of the United States.
Sec. 2. And be it further enabled. That the ancj feaia
form of writs, executions and other procefs, provided,
except their ftile and the forms and modes of
* ■ i • r • • i ■ r r i Forms of
proceeding m iuits m thole or common law write| &c.
fhall be the fame as are now ufed in the faid
courts reflectively in purfuance of the act, in-
titled, 4i An act to regulate praceffes in the
courts of the United States," in thofe of equity
and in thofe of admiralty and maritime juris-
diction, according to the principles, rules and
ufages which belong to courts of equity and -
to courts of admiralty, refpe&ively, as eontra-
difiinguifhed from courts of common law ; ex-
cept fo far as may have been provided for by
the act to eftablifh the judicial courts of the
United States, fubject however to fuch altera-
tions and additions as the faid courts reflec-
tively fhall in their difcretion deem expedient,, s
or to fuch regulations, as the fupreme court of
the United States fhall think proper from time
to time by rule to prefcribe to any circuit or
diftrict court concerning the fame : Provided, when
That on judgments in any of the cafes afore- ^"take
faid, where different kinds of executions are out a ca-
ifluable in fucceffion, a capias ad fatisfaciendum ^faciea-'"
being one, the plaintiff fhall have his election d»ni,-in
to take out a capias ad fatisfaciendum. in the firft nanceT
mftance.
[ 104 ]
fees for Sec. 3. And be it further enacted, That
ftrving from and after the palling this act, the fees
' ' and compensations to the feveral officers and
other perfons hereafter mentioned, (hall be as
follows : that is to fay, to the marfhals of the
feveral diftricls of the United States, for the
fervice of any writ, warrant, attachment or
procefs in chancery, on each perfon named in
the fame, two dollars : for his travel out in
ferving each writ, warrant, attachment or pro-
cefs aforefaid, five cents per mile, to be com-
puted from the place of fervice to the court
where the writ or procefs mall be returned ;
and if more perfons than one are named there-
in, the travel (hall be computed from the court
to the place of fervice which is mod remote,
adding thereto the extra travel neceffary to
ferve it on the other : Provided, That the fee
for travel where there is one perfon named in
fuch writ, warrant, attachment or procefs,
feall in no cafe exceed feven dollars, and when
there are more than one, the fee for extra tra-
vel fhall not exceed one dollar above feven
for bail dollars for each perfon. For each bail bond,
fdiin* Vef- ^y cents : f°r felling goods and veifels con-
fds and demned, and receiving and paying the money,
goods; three per cent : for every commitment or dif-
ment or charge or a prifoner, fifty cents : for fummon-
ofa'prifen- mS witneffes, where he does it, each thirty
er- fum- cents : for fummoning a grand or petit jury,
zoning ju- each th].ee dolkrs . prov}dedi That in thofe
dates where jurors by the laws of the flate are
Provifo in drawn by conftables or other officers of cor-
favor of porate towns or places by lot, the marfhals
ibbfe ; mall "receive for the ufe of fuch conftables or
officers the fees allowed for fummoning juries :
For attending the fupreme, circuit or diflridt
courts, five dollars per day, and at the rate of
[ io5 ]
ten cents per mile for his expenfes and time for m?v<
in travelling from the place of his abode to; ing coum ;
either of the faid courts : For levying an ex- icvy;IlS ex-
ecution, and for all other fervices not herein e^tion,
enumerated, fuch fees or compenfation as are c
allowed in the fupreme court of the (late
where the fervices mall be rendered : To the fces ()f
clerk of the fupreme court of the United cljrkw
States, ten dollars per day for his attendance
in court, and For his other fervices m discharg-
ing the duties of his office, double the fees of
the clerk of the fupreme court of that Hate in
which the fupreme court of the United States
mall be holden. To the clerk of the di Uriel
and circuit courts, fuch fees in each flate ref-
pecdvely as are allowed in the fupreme courts
of the fame ; and five dollars per day for his
attendance on any circuit or dift.net. court,
and at the rate of tzn cents per mile for his
expenfes and time in travelling from the place
of his abode to either of the faid courts. And
in. cafe any clerkof a court of the UniteckStates
mail in difchaging the duties of his office per-
form any kind of fervice which is not per-
formed by the clerks of the courts of the ftate,
and for which the laws of the ftate make no
allowance, the court in which fuch fervice
mail be rendered may allow a reafonable com-
penfation therefor. To each grand and petit . .
juror fifty cents per day for attending in court,
and for travelling at the rate of five cents per
every mile from their refpective places of
abode to the place where the court is held,
and the like allowance for returning; : To ,,- ~
witneffes fummoned in any of the courts of
the United States the fame compenfations in
each ftate refpeclively as are allowed in the
fupreme courts of the fame : To the attorney
Vol. II. O
I 1 06 J
Attofnies. 0f tfte United States for thediftricl:, fuch fees
in each ftate refpeftiveiy as are allowed in the
fupreme courts of the fame, and alfo the like
compenfation for travelling as is above allow-
ed to the clerk of the diflrid and circuit courts.
Marfliai to Sec. 4* &*d be it further enacltd, That the'
have the " marfhal fliall have the cullody of all vefitk
veffeis'feiz- an<^ goods feized by any officer of the revenue,
td, and be and {hall be allowed fuch compenfation there-
uiopen- f°r as *:ne court may judge reafonable : And
fesoffud,. there fhallbe paid, to the marfhal the amount.
ceive^nT of the expenfe for fuel, candles, and other
paythefecs reafonable contingencies that may accrue in
Sfc,Ur0rS' holding the courts within his diurict, and pro-
viding the books neceffary to record the pro-
ceedings thereof: and fuch amount, as alfo
the compenfations aforefaid to the grand and
petit jurors : To the witnelfes fummoned on
the part of the United States, to the clerk of
the fupreme court for his attendance ; to the
clerks of the difirict and circuit courts for
their travelling and attendance ; to the attor-
ney of the diitricl: for travelling to court ; to-
to the marmal for his .attendance at court ; for
fummoning grand and petit jurors and wit-
neffes in behalf of any prifoner to be tried for-
a capital offence ; for the maintenance of pri-
soners confined in gaol for any criminal of-
fence, and for the commitment or difcharge
of fuch prifoner ; and alfo the legal fees of
the clerk, attorney and marmal, in criminal
profecutions,. mall be included in the account
of the marfhal ; and the fame having been x
examined and certified by the court or one of
the judges of it in which the fervice mail, have-
been rendered, mail be paifed in the ufual
manner at and the amount thereof paid out
•£ the treafury of the United States, to th&
[I 107 ]
inaririal, and by him mall be paid over to the
perfons entitled to the fame, and the marfhal
(hall be allowed two and an half per cent on his allow,
•the amount by him fo paid over, to be charged J£fe tacre"
in his future account.
Sec. 5. And be it further enacled, That in Rules for
every profecution for any fine or forfeiture c'E^c-ar-
incurred under any ftatutes of the United red by pro-
States, if judgment is rendered againft thede- for"fiS
Cendant, he fhall be fubject to the payment of &c-
cofts : and on every conviction for any other
offence not capital, the court may in their dif- •
cretion award that the defendant fhall .pay the
cofts of profecution : and if any informer or
plaintiff on a penal ftatute, to whofe benefit
the penalty or any part thereof if recovered, is
directed by law to accrue, mail difcontinue
his fuit or profecution, or fhall be nonfuit in
the fame, or if upon trial a verdict mall pais
for the defendant, the court fhall award to the
■defendant his, cofts, unlefs fuch informer or
plaintiff be an officer of the United States fpe-
cially authorized to commence fuch profecu-
tion, and the court before whom the action or
information fhall be tried, fhall at the trial in
open court, certify upon record, that there
was reafonable caufe for commencing the fame,
in which cafe no cofts fhall be adjudged to the
defendant.
Sec. 6. And be it further enacled, That the Fees herein
fees and compenfations to the feveral officers iSv^S!
and perfons herein before mentioned, other
than thofe which are above directed to be paid
out of the treafury of the United States, mail
. be recovered in like manner as the fees of the
officers of the ftates refpectively for like fervi-
ces are recovered.
C io3 ]
RhuUv on Sec. 7. ^rtd & // jtofe ehafled, That if any
demanding / . , , J . ' . /
unlawful oihcer herein beiore mentioned, or his depu-
"'"• ty, ihall by reafon or colour of his office, wil-
fully and corruptly demand and receive any
greater fees than thofe allowed by this acl, he
ihall on conviction thereof in any court of the
United States, forfeit and pay a fine not ex-
ceeding five hundred dollars, or be iinprifon-
ed not exceeding fix months, at the difcretion
of the court beiore whom the conviction
{hall be.
Certain ^ Sec. 8. And be if further endcled. That the
a^srepev- ^ pa|^e(j at jjjg |a^. feff10I1 0f Congrefs, inti-
tled, " An act. to continue in force for a limi-
ted time, an aft palled at the firft feffion of
Congrefs, intitled, " An acl to regulate pro-
ceffes in the courts of the United States;'5 and
alfo another aft paffed at the laft feffion of
Congrefs, intitled, " An act providing eom-
•penfations for the officers of the judicial courts
of the United States, and for jurors and wit-
nefTes, and for other purpofes," be, and the
fame are hereby repealed.
.Ckricof sec. ^. JLnd $g it further enacted, That it
trlnrmk'to fhall be the duty of the clerk of the Supreme
clerks of C.ourt of the United States, forthwith to tranf-
courtb the mit to tjie clerks of the feveral circuit courts,
form of a tlie form of a writ of error, to be approved by
%m-. ' any two of the Judges of the Supreme Court,
and it (hall be lawful for the clerks of the laid
circuit courts to iffue writs of error agreeably
to fuch forms, as nearly as the cafe may ad-
mit, under the feal of the faid circuit courts,
returnable to the Supreme Court, in the fame
manner as the clerk of the Supreme Court
may iffue fuch writs, in purfuance of the act,
•intitled, " An act to eflablifh the judicial
^courts of the United States,"
<[ log ]
Sec. i'o. And be it farther enacled, That it whfa
iliall and may be lawful for the clerks of the take \ceag.
difirict and circuit courts, in the abfence, or in nizanees &
bene eFe
cafe of the difability of the judges, to take re- - f>'
cognizances of fpecial bail, de bene cfji\ in any
.action depending in either of the faid courts,
and alio the affidavits of all furveyors relative and affida-
to their reports, and to adminifier oaths to all veyo«f&o
perfons identifying papers found on board of
vefTels or elfewhere, to be ufed on trials in ad-
miralty caufes.
Sec. ii. And be it further enacled, That 7™er? ■
In all fuits and aclions in any diilricl: court of Jas counfel"
the United States, in which it mail appear that f^ a party.
the judge of fuch court is, any ways, concern-
ed in intereft, or has been of counfel for cither
party, it {hall be the duty of fuch judge on
application of either party, to caufe the fact, their duty
to be entered on the minutes of the court, and c"fe"cl1
alfo to order an authenticated copy thereof,
with all the proceedings in fuch fuit or action, .
to be forthwith certified to the next "circuit
court of the diftricl:, which circuit court (hall,
thereupon, take cognizance thereof, in the
like manner, as if it had been originally com-
menced in that court, and fhall proceed to hear
and determine the fame accordingly.
Sec. 12. And be ii frrther enacled* That Records ci
all the records and proceedings of the court court f
' c ii r i • appeals to
or appeals heretofore appointed, previous to be depo
the adootion of the prefent conflitution, {hall fitetJwi{^
A ■* , citric of
be depofited in the office of the clerk of the fupreme
fupreme court of the United States, who is court-
hereby authorized and directed to give copies
or all fuch records and proceedings, to any
perfon requiring and paying for the fame, in
like manner, as copies of the records and
other proceedings of the laid court are by \yw
I *10 ]
4ire£ted to be given : which copies mall have
like faith and credit, as all other proceedings
©f the faid court.
JONATHAN TRUMBULL, Speaker
of the Houfe of Representatives,
RICHARD HJLNRY LEE, Prefidenl pft
tempore of the Senate,
Approved, May eighth, 1792:
GEORGE WASHINGTON,
Prefident of the United States,
.Account-
ant in the
war dc-
-Mrtmcnt.
Sib duty.
CHAPTER XXXVII.
An Ac! making Alterations in the Treafury and
War Departments.
Section
1.
E it enacted by the Senate and
Houfe of Reprefentatives of the
United States of America^ in Congrefs ajfembltd^
That there be an accountant to the depart-
ment of jwar, who mall be charged with the
fettlement of all accounts relative to the pay
of the army, the fubfiftence of officers, boun-
ties to foldiers, the expenfes of the recruiting
fervice, the inciderW al and contingent expenfes
of the department ; and who fliall report from
time to time, all fuch fettlements as mail have
been made by him, for the infpeclion and re-
vifion of the accounting officers of the treafii/-
ry ; and the faid accountant mail alfo be charg-
ed with the fettlement of all claims for perfon-
al fervice authorized by the act of this Con-
grefs of the twentv-feventh of March laft, and
of all military claims lodged in -the late office
. of the paymafter general and commiffioner @f
army accounts, which are not foreclofed by
the acts of limitation of the late Congrefs,
and he fhall report from time to time, all fvch
ibttlements as have been made by him, for the
infpeclion and revifion of the Comptroller of
the Treafury. The compenfation of the laid
accountant mall be a yearly falary of one thou- ShhrY:
and two hundred dollars.
Sec. 2'. And be it farther enacled, That the Duty cf the
Treafurer of the United States mall difburfe '^feflwj
all fuch monies- as mall have been previoufl-y hereki.
ordered for the ufe of the department of war
by warrants from the treafury ;■ which difburfe-
ments flia.ll be made purfuant to warrants, from,
the Secretary at War, counterfigned by the
accountant.
Sec. 3. And be it b.e further eqacled, That Paymafter
there be a paymafter to refide near the head ^ops Ms
quarters of the troops of the United States: duty.
That it mall be the duty of the faid paymaf-
ter, to receive from the treafurer all the monies
which fhall be entrufted to him for the puroofe
of paying the pay, the arrears of pay, fubfif-
tence or forage, due to th? troops of the Uni-
ted States.- That he fhall receive the pay ab-
ftra&s of the paymafters of the fever al regi-
ments or corps, and compare the fame with
the returns or mufter rolls which fhall accom-
pany the faid pay abftra&s. That he fhall cer-
tify accurately to the commanding officer, the-
funis due to the refpeclive corps, which flialE
have been examined as aforefaid, who fhali
thereon iffue his warrant on the faid deputy-
paymafter, for the payment accordingly. That
copies of all reports to_the commanding offi-
cer, and the warrants thereon, fhall be duly
tranfmitted to the office of the accountant of
the war department, in order to be. there ex-
bond.
His Hilary.
[ !M ]■
amined and finally adjusted at the treafury.
That the faid paymafter mall give bond in the
To give Aim of twenty thouCand dollars., with two suf-
ficient fureties, for the faithful difcharge of his
duty, and he mall take an oath faithfully to ex-
ecute the duties of his office. That the com-
penfation to the faid. paymafter fnall be fixty
dollars monthly, with the fame rations and
forage as a major.
Aflignment Sec. 4. And be it further -enacted) That no
of pay by a afrip-nment 0f pay made after the fir ft day ol
foiclier at- a r j rr
tenajune June next, by a non-commiiiioned officer or
next nut privat (hall be valid.
valid. r ' _
Sec. 5. And be it further enacted. That all
for fuppiy- purchafes and contracts for fupplymg the army
i»g the with provisions, clothing, fupplies in thequar-
niadeander ter-ma'fter's department, military (lores, Indian
the Secre- goods, and all other fupplies or articles for the
tarv of the *J
•jreai'ur'y. ufe of the department or war, be made by or
under the direction ©f the treafury depart-
ment.
To direia sec, £, And be it further enatled. That the
twr/ofdu- Secretary of. the Treafury ihall direct the fu-
ries, &c. perintendance cf the collection of the duties
on impost and tonnage as he mall judge beft.
That tlie prefent office of Afiiftant to the Se-
Affift-mt. eretary cf the Treafury, be aboliihed, and that
aboiiihed& instead thereof there be an officer in the de-
Commif- partment of the Treafury, to be denominated
jioncr or * " ' ' '■* * '' *" —
the Reve- Commiffioner of the Revenue, who ihall be
nue fubfh- chaj-ged with fuperintending, under the direc-
tion of i he head of the department, the collec-
tion of the other revenues of theUnitedStat.es,
His. duty. anj £| a|| execute luch other fer vices, being
conformable to the constitution of.the depart-
ment, as fnall be directed by the Secretary cf
the Treafury. That the compenfation of the
[ "3 ]
faid Commiffioner fhall be a falary of one thou- Salary
fand nine hundred dollars per annum.
Sec. 7. And be it further enabled, That in And _
every cafe of an account or claim not finally ers, with
adjufted, upon which the prefent Comptroller JJr-aSdSt-
of the Treafury, as Auditor, may have deci- tomey Ge-
ded, it fhall be the duty of the Commiffioner nera1,
of the Revenue, and of the Auditor of the
Treafury, finally to adjuft the fame, and in
cafe of difagreement between the faid Com-
miffioner and Auditor, the decifion of the At-
torney General fhall be final.
Sec. 8. And be it further enabled, That in p0werof
cafe of the death, abfence from the feat oT 'he pJje£V
government, or ficknefs of the Secretary of death, &c.
State, Secretary of the Treafury, or of the Se- ? . ^ of
cretary of the War Department, or of any the three
officer of either of the faid departments whofe dePart>
. ,r r -l merits,
appointment is not m the head thereof, where-
by they cannot perform the duties of their faid
refpective offices, it fhall be lawful for the Pre-
ficlent of the United States, in cafe he fhall
think it neceflary, to authorize any perfon or
perfons at his difcretion to perform the duties
of the faid refpe&ive offices until a fucceffor
be appointed, or until fuch abfence or inability
by ficknefs mall ceafe.
Sec. 9. And be it further enacled, That the Jer^"ry
forms of keeping and rendering all public ac- mmt to
counts whatfoever, {hall be prefcribed by the PJ^'/^
deparinent of the Treafury, . keeping ac-
counts.
Sec. 1 o. And be it further enacled, That in
addition to the compenfations allowed to the }Tedl]y aJ-
. y lowance to
Comptroller, Auditor, Treafurer, 'and Regif- certain of-
ter of the Treafury, by. the " acl for eflablilh. f,""^-
ng the falaries of the executive officers of go. fury& At,
Vol. II. P '
r "'4 i
torney Ge-
neral.
Secretary
op the
Treafury
allowed 2
principal
clerks.
ReftriiSr.ion
on his
clerk' as to
carry Tag
on trade
abolished ;
and that as
to the funds
extended
to all reve-
nue o ni-
cer s, &c.
Privilege of
franking
extended
to commif-
iioner of
the reve-
nue.
vernment, their affiftants and clerks," and 't<r
the Attorney General by the " Act for alloy/-
ing certain compenfations to the judges of the
fupreme and other courts, and to the Attorney
General of the United States," the faid officers
refpectively fhall be allowed the following year-
ly fums, viz. the Comptroller four hundred
dollars; the Auditor four hundred dollars; the
Treafurer four hundred dollars ; the Regifter
five hundred dollars ; the Attorney General
four hundred dollars.
Sec. 1 1 . And be it further enabled, That the.
Secretary of the Treafury be authorized to
have two principal clerks, each of whom to
have a falary of. eight hundred dollars per an-
num; and that, the falary of the chief clerk o£
the department of war, be at the rate of eight
hundred dollars per year.
Sec. 1 2. And be it further enafled. That,
the rellriclion on the clerks of the depart-
ment of the treafury, fo far as refpects the car-
rying on of any trade or bufmefs, other than
in the funds, or debts of the United States or
of any ftate, or in any kind of public proper-
ty, be aboliihed, and that fuch reftriclion, fo
far as refpecls.the funds or debts of the United
States, or of any (late, or any public property of
either, be extended to the commiffioner of the
revenue, to the feveral commifiioners of loans,,
and to all perfons employed in their refpe&ive
offices, and to all officers of the United States
concerned in the collection or difburfement of
the revenues thereof,, under the penalties pre.-
fcribedin the eighth feclion of the aft, intitled,
" An act- to e.ftablim the treafury department,'*
and the provifions relative to the officers in the
treafury department, contained in the " Act
to eftablifh. the pod office and poll roads,'**
I vs ]
rfhall be and hereby are extended and applied
?to the commiffioner of the revenue.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident pm
tempore of the Senate..
.Approved, May eighth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XXXVIIL
A n Ail fupplementary to the Acl making Pre-
vflon for the Debt of the United States.
Sec. 1. TO> E it enacled by the Senate and
J[3 Houfe of Reprefentatives of the
United States of America, in Congrefs ajembled,
That the term for receiving on loan that part Temsibr
of the domeftic debt of the United States, recfivins,
i»ii- 1 • r 'on loan the
which hath not been fubfcribed purfuant to mifubfcn-
the terms propofed in the a&, intitled, " An Jj^SJ1^
■aft. making provifion for the debt of the Uni- u. states
ted States," mall be, and it is hereby extend- extended-
ed, on the fame terms, as in and by the faid
#ct is provided, to the firft day of March next ;
,sxid books, for receiving fuch farther fubfcrio- s«ibfcrip-
n ,,, , & , r r ,x turn books.
tions, mall be opened at the treat ury or the to be open-
United States, and by the commimoners of ed-
loans, in each of the laid dates, on the firft:
day of June next, which (hall continue open
until the faid firft day of March next inclu-
sively $ for which purpofe, the faid eomm&.
[ "6 ]
fioners, refpeclively, are hereby Inverted with
the like powers, and required to perform the
like duties, as in and by the laid acl is directed.
intercft to ^ec. 2* ^n ^ be it further ena&ed, That
p'oh fub- fuch of the creditors of the United States, as
Scditofs. have not fubfcribed and fhall not fubfcribe to
the faid lean, (hall neverthelefs receive a rate
per centum on the amount of fo much of their
refpective demands, as well for interefl as
principal, as, on or before the lirfl day of
March, (hall be regiftered, conformably to
the directions of the faid acl, as fliall be equal
to the interefl payable to the fubferibing cre-
ditors, which fliall be payable at the fame
times and places, and by the fame perfons, as
in and by the faid acl is directed.
Term for Sec. 3* ^nd ^e ^ further enacled, That the
receiving term for receiving upon loan that part of the
extendeV8 debts of the refpective ftates, which hath not
been fuofcribed purfuant to the terms propo-
fed in the acl aforefaid, mail be, and it is here-
by enlarged on the fame terms, as in and by
the faid acl is provided, until the frrft day of
March one thoufand feven hundred and ninety
three inclufively ; for which purpofe, books
fubicrip- mall be opened at the treafury of the United
sion books States, and by the commiffioners of loans in
$t. e each of the faid ftates, on the firfl day of June
'next, which fliall continue open until thefirfl
day of March, one thoufand feven hundred
and ninety three inclufively ; for which pur-
pofes the faid commiffioners are hereby in-
verted with the like powers, and required to
perform the like duties, as, in and by the faid
acl, is directed.
Sec. 4. Provided ahv ays ^ and be it further
cnaffed, That the commiiTioner of loans for
C "7 ]
North-Carolina mall not be allowed to receive Certain
cert i iic.h tcs
any certificate ifTued by Patrick Travers, com- <><- n. caro-
miiiioner of Cumberland county, or by the Jjn* exclu"
commiiiioners of army accounts at Warren-
ton.
Sec. c. And whereas the United States are r>ebt due
i -i ' T r • rr to certain I
indebted to certain foreign officers, on ac- jorejgn f)fj
count of pay and fervices during the late war, ficers.pj*-
i • n i r r l T "dent to
the lritereft whereor, puriuant to the certiu- Caufe to be
cates granted to the faid officers by virtue of a Pald-
refolution of the United States in Congrefs
affembJed, is payable at the houfe of
Grand, banker, at Paris, and it is ex-
pedient to difcharge the fame ; Be it therefore
enafted. That the Prefident of the United
States be, and he hereby is authorised to caiife
to be discharged the principal and intereft of
the faid debt, out of any of the monies, which
have been or mall be obtained on loan, in vir-
tue of the act aforefaid, and which fhali not
be necefiary ultimately to fulfil the purpofes
for which the faid monies are, in and by the
faid act, authorized to be borrowed.
Sec. 6. And be 'it further enabled. That the Certain11
Prefident of the Senate, the Chief Mice, the Perfon;a9-
_ pointed
Secretary of State, the Secretary of the Trea- coirimiiiv.
furv, and the Attorney General, for the time OTXrrf, ll°
bemg, mail be commimoners, who, or any debt of the
three of whom, are hereby authorized, with LJ" s' *:c'
the approbation of the Prefident of the Uni-
ted Slates, to purchafe the debt of the United
States, at its market price, if not exceeding
the par or true value thereof ; for which pur-
chafe the intereft on fo much of the public
debt, as has already been, or may hereafter be
purchafed for the United States, or as fhall be
paid into the treafury, and fo much of the
monies appropriated for the payment of the in-
I 1.8 ]
tereft on the foreign and domeftic debt, as
mall exceed what may be fufficient for the pay-
ment of fuch interefl to the creditors of the
United States, mail be and are hereby appro-
priated. And it mail be the duty of the faid
commimoners to render to the legiilature, with-
in two months after the commencement of the
foil, feffion thereof in every year, a full and
precife account of all fuch purchafes made* and
public debt .redeemed, in purfuance of this aft.
•out of a Sec. 7. And .whereas it is expedient to efla-
iund erec- klifh a fUnd for the gradual redu&ion of the
ted for tne o
imrpoie public debt ; Be it further enacled, That the
interefl on fo much of the debt of the United
States, as has been or mall be purchafed or re-
deemed for or by the United States, or as fhall
he paid into the treafury thereof in fatisfa&ion
of any debt or demand, and the furplus of any
fum or fums appropriated for the payment of
the interefl upon the faid debt, which fhall re-
main after paying fuch interefl, mail be, and
hereby are appropriated and pledged firmly and
inviolably for and to the purchafe and redemp-
hrwtobe tion of the faid debt, to be applied under the
applied. direction of the Prefident of the Senate, the
Chief juflice, the Secretary of State, the Se-
cretary of the Treafury and the Attorney Ge-
neral for the time being, or any three of them,
with the approbation of the Prefident of the
United States, for the time being, in manner
following, that is to fay : Firft, to the purchafe
of the feveral fpecies of flock conflituting the
debt of the United States, at their refpective
market prices, not exceeding the par or true
value thereof, and, as nearly as may be, in
equal proportions, until the annual amount of
the faid funds, together with any other provi-
sions which may be made by law, fhall be equal
C "9 3
to- two per centum of the whole amount of the
outftanding funded flock bearing a prefent in-
terefl of fix per centum : Thenceforth, Se-
condly, to the redemption of the faid laft men-
tioned flock, according to the right for that,
purpofe referved to the United States, until the
whole amount thereof fhall have been redeem-
ed : And Laflly, after fuch redemption, to the
purchafe, at its market price, of any other
flock confiding of the debt of the linked.
States, which may then remain unredeemed :
and fuch purchafe, as far as the fund fhall at
any time extend, fhall be made within thirty
days next after each day, on which a quarter-
ly payment of interefr. on the debt of the Uni-
ted States, fhall become due, and fhall be made
by a known agent, to be named by the laid
ccmmimoners.
Sec. 8. And be it further enacled? That all ,
future purchafes of public debt on account of how to bL
the United States, mail be made at the lowefl made-
price, at which the fame can be obtained by
open purchafe, or by receiving fealed propo-
falSj to be opened in the prefence of the com-
miflioners, or perfons, authorized by them to
make purchafes, and the perfons making fuch
proposals.
Sec 9, And be it further enacled, That Qnarteriv*
quarter yearly accounts of the application of apolkatib*
the faid fund fhall be rendered for fettlement, of faidfund
as other public accounts, accompanied with dered^&d
returns of the fums of the faid debt, which
mail have been from time to time purchafecl
or redeemed ; and full and exact report of the
proceedings of the faid commiflioners, inclu-
ding a flatement of the difburfements, which
fhall have been made, and of the fums which
fhall have been purcfnfed or redeemed under-
[ L20 ]
their direction, and fpecifying dates, prices,
parries, and places, fhall be laid before Con-
gress, within the hrft fourteen days of each
fefiion which may enfue the prefent, during
the execution of the faid truft.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE,, Prejdent pro
tempore of the Senate.
Approved, May eighth, 1792:
GEORGE WASHINGTON,
President of the United States.
CHAPTER XXXIX.
An Act to provide for a Copper Coinage.
Sec. 1 . "JO E it enacled by the Senate and Hnfe
Jl3 °f Reprefentatives of the United
States of America in Congrefs affembled. That
Director of t|le director of the mint, with the approbation
purchafe of the Prefident of the United States, be au-
coppcr and tli orIz;ed to contract for and purchafe a quan-
rii-ivc coin*
ed into tity of copper, not exceeding one hundred and
cents, &c. far j-oris? 2iad that the faid director, as fbon
as the needful preparations fhall be made, caufe
the copper by him purchafed to be coined at
the mint into cents and half cents, purfuant to
" the act eftablifhing a mint, and regulating
the coins of the United States ;" and that the
faid cents and half cents, as they fliall be coin-
ed, be paid into the trcafury of the United
■whence -to ,-,, , ^ • rr • . • i .•
iffue. States, thence to nine into circulation.
C i« ]
Sec. 2. And be it further enacled, That after DirecW ,
the expiration of fix calendar months from the t0,p^l{h
time when there fhall have been paid into the certain fum
treafury by the faid director, in cents and half h"dTJJ^
cents, a fum not lefs than fifty thoufand dollars, the treafu-
which time mall forthwith be announced by r?'
the treafurer in -at leaft two gazettes or news-
papers, publifhed at the feat of the government
of the United States for the time being, no
copper coins or pieces whatfoever, except the
faid cents and half cents, fhall pafs current as
money, or fhall be paid, or offered to be paid
or received in payment for any debt, demand,
claim; matter or thing whatfoever ; and ail
copper coins or pieces, except the faid cents Penalty for
and half cents, which fhall be paid or offered paf"0nther
to be paid or received in payment contrary to copper
the prohibition aforefaid, fhall be. forfeited,, coms°
and every perfon by whom any of them fhall
fiave been fo paid or offered to be paid or re-,
ceived hi payment, fhall alfo forfeit the fum of
ten dollars, arid the faid forfeiture arid penalty
fhall and may be recovered with cofls of fuit
for the benefit of any perfon or perfons by.
whom information of the incurring thereof
fhall have been givenv
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, Prefident pro
tempore of the Senate ••
Approved, May eighth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States*
foL. II. <£..
LlC I22 ]
CHAP T E R XL.
/fa y/<:7 for making Compcnfations to the Com-
miffloners of Loans fir extraordinary Expenfes.
( EXriRZD.)
m m I. IPHW-"9K^W4 ."*H
appropria-
tions.
CHAPTER XLI.
^/z ./#£? making certain Appropriations therein
fpecified.
Sec. i . "|3 E & enacled by the Senate and Houfe
Jf~3 c/* Reprefentatives of the United
Specific Stafej of America in Congrefs afembkd, That
there be granted and appropriated the follow-
ing fums for the following purpofes, to wit :
For the difcharge of a balance to the commif-
fioners appointed under the acl; of Congrefs
of the fifteenth of March one thoufand feven
hundred and eighty five, two thoufand feven
hundred and eighty feven dollars and eighty
eight cents ; For additional falary to the firft
clerk of the commiffioners for fettling accounts
between the United States and individual
ftates, one hundred and eighty feven dollars
and ninety one cents ; For defraying the ex-
penfe of flating and printing certain public ac-
counts, purfuant to the order of the Houfe of
Reprefentatives of the thirtieth of December
one thoufand feven hundred and ninety one,
eight hundred dollars ; For difcharging the
accounts of officers of the courts of the United
States, jurors and witnefles, in aid of the fund
heretofore appropriated, feventeen thoufand
dollars ; For making good deficiencies in for-
mer appropriation, for defraying the expenfe
[ 123 ]
©f the- enumeration of the inhabitants of the g ;fic
United States, four thoufand fix hundred and appropr»-
ninety five dollars, and fifty nine cents ; For tioii*-
difcharging certain accounts againfl the trea-
fury department, to the end of the year one
thoufand feven hundred and ninety one, in-
cluding a fum of fix hundred dollars, for fur-
nifhing the fupervifors of the revenue with
icrew-preffcs, feals, and other articles, one
thoufand nine hundred and fifty five dollars,
and lixty one cents ; For a balance due to lieu- ;
tenant John Freeman of the late Maryland
line, on account of fubfiftence for the years
one thoufand feven hundred and eighty two
and one thoufand feven hundred and eighty
three, forty one dollars and feventy five cents ;
For cornpenfations to the clerks of the acling
commiilioner of army accounts, and contin-
gencies of his office, one thoufand three hun-
dred and twenty nine dollars and fixteen cents ;
For additionalcompenfations to the doorkeepers
of the Houfe of Reprefentatives, purfuant to a
refolution of the Houfe, of the twenty fourth
of March lalt, feven hundred dollars ; For the
difcharge of fuch demands againft the United
States, not otherwife provided for, as fhall have
been afcertained and admitted, in due courfe of
fettlement at the treafury, and which are of a
nature, according to the ufage thereof, to re-
quire payment in fpecie, five thoufand dollars :
All which faid fums, amounting together, to
thirty four thoufand four hundred aud ninety
feven dollars and ninety cents, ftiail and may
be paid out of the funds following, any, or all
of them; namely; the „furplufes which may outofwha*
remain of appropriations heretofore made, af- a^e s p
ter fatisfying the purpofes of fuch appropria-
tions ; monies which have been paid into the.
ay-
I 124 3
treafury, in confequence of balances whicfy
have been found due from individuals, rela-
ting to tranfactions prior to the prefent go-
vernment of the United States ; the furplus,
not heretofore appropriated, of the duties on
imports and tonnage, which accrued ]to the
end of the year one thoufand feven hundred
and ninety one.
Additional Sec. 2. And be it further enacled, That fo
tionsToT" much of the aforefaid furplus of the duties on
ex pence of imports and tonnage, which accrued to the
nothcr reg. end of the year one thoufand feven hundred
to military an(j ninety one, as may be neceffary, fhall be
uient. and is hereby appropriated, m addition to the
provision heretofore made, towards defraying
the expenfes, which fhall have been incurred
in the execution of the act for raifmg and ad-
ding another regiment to the military efta-
biimment of the United State?, and for ma-
king farther proviiion for the protection of
the frontiers, within the limits of the fum of
three hundred and twelve thoufand, fix hun-
dred and eighty fix dollars, and twenty cents
thereby authorized ; and towards reimburfmg
any funis, which may have been borrov/ed, or
advances of money which may have been ob-
tained for that piirpofe.
Tpr inter- Sec. 3. And be it further enacled, That a
foSg« na- fum of fifty -thoufand dollars in addition to'the
tions, provifion heretofore made be appropriated to
defray any expenfe which may be incurred in
relation to the intercourfe between the United
grates and foreign nations, to be paid out of
any monies, which may be in the treafury, not
otherwife appropriated, and to be applied un-
rrcfident der the direction of the Prefident of the Uni-
tow 5c%o te& States, who, if neceffary, is authorized to
Hois. ' borrow, on the credit of the United States?
E I25 ]
the faid fum of fifty thoufand dollars ; an ac-
count of the expenditure whereof as foon as
may be, fnall be laid before Corrgrefs.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
RICHARD HENRY LEE, PrcfdeM pro
tempore of the Senate.
Approved, May eighth, 1792:
GEORGE WASHINGTON,
Prejident of the United States.
WiffyBK^iTi'WE"^^
CHAPTER XLIL
•An Aft ref petting the Government cf the Terrir
tones of the United States North Weft and
South of the River Ohio.
Sec. 1. IO E it enabled by the Senate and
J/3 Houfe 'of Reprefentatives of the Law3 &c
United States of America in Congrefs affembled? n. Weft.
That the laws of the territory north-weft of ^n Jf™^-
the river Ohio, that have been or hereafter be pubiifh-
may be enafted by the governor and judges bute/'&J"
thereof, mail be printed under the direction of
the Secretary of State, and two hundr^l copies
thereof, together with ten fets of the laws of
the United States, mall be delivered to the
Ifaid governor and judges, to be diftributed
aamong the inhabitants for their information,
land that a like number of the laws of the
lUnited States (hall be delivered to the gover-
rnor and judges of the territory fouth-weft of
tthe river Ohio,
C "6 1
Power of Sec. 2- And be it further enacled^ That the
Governor governor and judges of the territory north
berdnf * we^ of the river Ohio fliall be, and hereby
are authorized to repeal their laws by them
mads, whenfoever the fame may be found to
be improper.
Power of Scc- 3- And ke it further enacled^ That the
thefecreta- official duties of the fecretaries of the faid ter-
ritories fhall be under the controul of fuch
laws, as are or may be in force in the faid
territories.
Onefu- sec# ^ And be jt farther enabled, That any
fudgemay one of the fupreme or fuperior judges of the
jM>id court, fgjj territories, in the abfence of the other
judges, Hi all be and hereby is authorized to
hold a court.
Seals by gec> ^. And be it farther enacled, That the
Tikied. P " Secretary of Sate provide proper feals for the
feveral and refpective public offices in the faid
territories.
Their limi- Sec. 6. And be it further enaclt', That the
tatkm act limitation act, paffed by the governor and
vcd. judges or the laid territory, the twenty-eight
day of December, one thoufand feven hun-
dred and eighty eight, be and hereby is difap- •
proved.
Certain ex- Sec. 7. And be it farther enabled, That the
wfd-al" expenfes incurred by John Cleves Symmes
John c. and George Turner, two of the judges of the
&mmes' ^a^ territory, in fending an exprefs, and in
purchafing a boat to go the circuit, in the year
one thoufand feven hundred and ninety, fhall
be liquidated by the officers of the treafury,
[ I27 ]
and paid out of the treafury of the United
States.
JONATHAN TRUMBULL, Speaker
of the Houfe of Representatives.
RICHARD HENRY LEE, Prefident pro
tempore of the Senate.
Approved, May eighth, 1792:
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XL1IL
An Ac! to compenfate the Services of the late
Colonel George Gibfon.
( PRIVATE.)
CHAPTER XLIV.
An Acl concerning the Claim of. John Brown.
Cutting againfl the United States.
(private.)
C w ]
RESOLVED, by the Senate and Houfe of
Reprefentatives of the Untied Slates of
America in Congrefs affembled^ That the Secre-
tary of the Treafury caufe to be provided, for
the ufe of the feveral collectors in the United
States, printed clearances, on the back where-
of fh all be a printed account of the methods,
which have been found to anfwer for obtain-
ing freflb, from fait water, and of conftru&ing
extempore dills, of fuch implements, as are
generally on board of every veflel, with are-
commendation, in all cafes, where they mail
have occafion to refort to this expedient for
obtaining wrater, to publifh the refult of their
trial in fome gazette, on their return to the
United States, or to communicate it for pub-'
lication, to the office of the Secretary of State,
in order that others may, by their fuccefs, be
encouraged to make fimilar trials, and be be-
nefited by any improvements or new ideas,'
which may occur to them in practice.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatiijes.
RICHARD HENRY LEE, Prefident pri
tempore of the Senate*
Approved, May eighth, 1792 :
GEORGE WASHINGTON,
Prefident of the United States.
■ «— In ■ ul »»mj— I ii1 1 "IV iWUlIrt
ACTS
PASSED AT THE
SECOND SESSION
OF THE
SECOND CONGRESS
OF THE
United States of America,
3BEGUN AND HELD AT THE CITY OF PHILADELPHIA,
In the State of Pennfylvaniaj
On Monday the Fifth of November,
IN THE YEAR mJdCC,XCII.
AND OF THE
Independence of the, United States
THE SEVENTEENTH.
Vol. n. R
A C
OF
CONG R E S S,
CHAPTER I.
An Acl concerning the Regifiering and Record-
ing of Ships or Vejfels.
Sec. i. TQ> E it enabled by the Senate andHoufe
_&3 of Reprefentatwes of the United
States of America in Congrefs qffembled, That
(hips or veffels, which mall have been re-
giftered by virtue of the aft, intitled, Jhvae^F5
" An act. for regiftering and clearing veffels, fliaii be
regulating the coafting trade, and for other ^"united
purpofes," and thofe which after the laft day statesf
of March next, {hall be regiftered, purfuant
to this acl, and no other (except fuch as fhall
be duly qualified, according to law, for car-
rying on the coafting trade and fifheries, or one
of them) fhall be denominated and deemed
fhips or veffels of the United States, entitled
to the benefits and privileges appertaining to . (
fuch mips or veffels \ Provided, That they p^w's ?
mail not continue to enjoy the fame, longer on,y whi|e
than they mail continue to be wholly owned, by ciri'z
and to be commanded by a citizen or citizens °j u- s-
of the faid ftates.
Sec. 2. And be 'it further enabled, That
mips or veffels built within the United States,
whether before, or after, the fourth of July,
izens
C *3* ]
Wwywpi onje thoufand feven hundred and feventy-fix,
may be re- and belonging wholly to a citizen or citizens
gixtcred. thereof, or not built within the faid dates,
but on the fixteenth day of May, in the year
one thoufand feven hundred and eighty-nine,
belonging, and thenceforth continuing to be-
long to a citizen or citizens thereof, and (hips
or veffels, which may hereafter be captured
in war, by fuch citizen or citizens, and law-
fully condemned as prize, or which have
been or may be adjudged to be forfeited for
a breach of the laws of the United States, be-
ing wholly owned by a citizen or citizens
thereof, and no other, may be regiftered as
herein after directed : Provided, That no fuch
Regiftry, fhip or veflel mall be entitled to be fo regif-
confioed0to tered, or if regiftered, to the benefits thereof,
a<»uai refi- jf owned in whole, or in part, by any citizen
of the United States, who ufually refides in a
foreign country, during the continuance of
fuch refidence, unlefs fuch citizen be in the
imiefs in capacity of a conful of the United States, or
capacity of an agent for, and a partner in, fome houfe of
agent foTa trade or co-partnermip, confiding of citizens
iioufe of 0f the faid dates actually carrying on trade
within the faid dates : And provided further,
That no fhip or vefiel, built within the United
States, prior to the faid fixteenth day of May,
which was not then owned wholly, or in part,
by a citizen or citizens of the United States,
fhall be capable of being regidered, by virtue
of any transfer to a citizen or citizens, which
may hereafter be made, unlefs by way of prize
or forfeiture : Provided neverthelefs, That this
ihall not be conftrued to prevent the regider-
-ing anew, of any fliip or veffel, which was be-
fore regidered, purfuant to the act before
snentioned*
fcern, &c
C !33 ]
Sec. 3. And be it further enabled, That eve-
ry fhip or veffel, hereafter to be regiftered regiatrcd.
(except as is herein after provided) (hall be
regiftered by the collector of the diftricl: in
which {hall be comprehended the port to
which fuch fhip or veffel mall belong, at the
time of her regiftry, which port mall be deem-
ed to be that, at or neareft to which, the own-
er, if there be but one, or if more tl>an one,
the hufband or acting and managing owner of
fuch fhip or veffel, ufually refides. And the s]l-tne br
name of the faid fhip or veffel, and of the veffeis
port to which (lie fhall fo belong, fhall be pain- °o be'pahi-
ted on her ftern, on a black ground, in white t«« on the
letters, of not lefs than three inches in length.
And if any fhip or veffel of the United States,
fhall be found, without having her name, and
the name of the port, to which ihe belongs,
painted in manner aforefaid, the owner or
owners mall forfeit fifty dollars ; one half to onnegk-dt
the perfon giving the information thereof, the thereof*
other half to the ufe of the United States.
Sec. 4. And be it further enacled, That in ReFjnrv
order to the regiftry of any fhip or veffel, an how to' be
oath or affirmation fhall be taken and fubferi- obtained;
bed by the owner, or by one of the owners fubtknee
thereof, before the officer authorized to make of \he fth
to be ttiken
fuch regiftry, who is hereby empowered to before re-
adminifter the fame, declaring, according to g£e™s
the beft of the knowledge and belief of the
perfon fo fwearing or affirming, the name of
fuch fhip or veffel, her burthen, the place
where me was built, if built within the United
States, and the year in which fhe was buiit ;
and if built within the United States, before
the faid fixteenth day of May, one thoufand
ieven hundred and eighty-nine, that fhe was
then owned wholly, or in part, by a citizen
forfeiture
C '34 ]
subflance or citizens of the United States ; and if not
obtaShif0r built witnin the faic^ ftates, that fhe- was, on
regiftryof the faid fixteenth day of May, and ever fince,
ve£s°r katn continued to be, the entire property of a
citizen or citizens of the United States ; or
that flie was, at fome time poflerior to the time
when this act mall take effect, (fpecifying the
faid time) captured in war by a citizen or ci-
tizens of the faid Hates, and lawfully condemn-
ed as prize (producing a copy of the fentencc
of condemnation, authenticated in the ufual
forms) or that fhe has been adjudged to be
forfeited for a breach of the laws of the Uni-
ted States (producing a like copy of the fen-
tence whereby fhe fhall have been fo adjudg-
ed) and declaring his or her name and place of
abode, and if he or me be the fole owner of
the faid ihip or veffel, that fuch is the cafe ;
or if there be another owner or ether owners,
that there is or are fuch other owner or own-
ers, fpecifying his, her, or their name or names,
and place or places of abode, and that he, fhe,
or they, as the cafe may be, fo fwearing or af-
firming, is or are citizens of the United States;
and where an owner refides in a foreign coun-r
try, in the capacity of a conful of the United
States, or as an agent for, and a partner in, a
houfe or co-partnerfhip, confiding of citizens
of the United States, and actually carrying on
trade within the United States, that fuch is
the cafe, and that there is no fubject or citizen
of any foreign prince or ffate, directly, or in-
directly, by way of truft, confidence, or other-
wife, interefted in fuch fhip or veffel, or in the
profits, or iffues thereof; and that the mafter,
or commander thereof is a citizen, naming
the faid mafter, or commander, and ftating
the means whereby, or manner in which, he
[ *35 ]
is fo a citizen. And in cafe, any of the mat?
ters of fac% in the faid oath or affirmation al-
ledged, which mall be within the knowledge
of the party, fo fwearing, or affirming, fliafl. forfeiture
not be true, there lhall be a forfeiture of ^J'^1,
the (hip or veffel, together with her tackle, fweanug
furniture and apparel, in refpect to which, the Uid?'
fame fhall have been made, or of the value
thereof, to be recovered, with colls of fuit, of How reco.
the perfon, by whom fuch oath or affirmation vered;
ihall have been made : Provided always, That
if the mafter, or perfon having the charge or f"s makers"
command of fuch (hip or veffel, fhall be with- °? veffel*,
in the diflricl: aforefaid, when application fhall ml^c otti*-
"be made for registering the fame, he fhall, :is t0 ^ici-
himfelf, make oath, or affirmation, inftead of zemir?'
the faid owner, touching his being a citizen,
and the means whereby, or manner in which,
he is fo a citizen ; in which cafe, if what the
faid mafter, or perfon having the faid charge ", ~,
or command, ihall fo fwear or affirm, mail true,tofor-
not be true, the forfeiture aforefaid fhall not ^j^00
be incurred, but he fhall, himfelf, forfeit and
pay, by reafon thereof, the fum of one thou-
fand dollars : And provided further, That in
the cafe of a fhip, or veffel, built within the
United States, prior to the fixteenth day of
May aforefaid, which was not then owned by
a citizen, or citizens of the United States,
but which, by virtue of a transfer to fuch citi-
zen, or citizens, fhall have been regiftered,
purfuant to the a£fc before mentioned, the oath
or affirmation, hereby required, fhall and may oath mar
fee varied, according to the truth of the cafe, bc Yaried-
as often as it fhall be requifite to grant a new
regifler, for fuch fhip or veffel.
Sec. 5. And be it further enacled, That it
fhall be the duty of every owner, refident with-
I '36 J
Like oath
to ive taken
by other
owners (if
any) than
the appli-
cant, &c.
■within 90
oa,ys.
Before
whom.
in the United States, of any (hip cr veffel, to
which a certificate of regiftry may be granted,
(in cafe there be more than one fuch owner)
to tranfmit to the collector, who may have
granted the fame, a like oath or affirmation
with that herein before directed to be taken
and fubferibed by the owner, on whofe appli-
cation, fuch certificate fhall have been granted,
and within ninety days after the fame may have
been fo granted ; which oath or affirmation
may, at the option of the party, be taken and
fubferibed, either before the faid collector, or
before the collector of fome other diftrict, or
a judge of the fupreme, or a diftrict court of
the United States, or of a fuperior court of
original jurifdiction of fome one of the f fates.
And if fuch oath or affirmation mall not be
taken, fubferibed and tranfmitted, as is herein
required, the certificate of regiftry, granted to
fuch fhip or veffel, mall be forfeit and void.
ships, &e. Sec. 6. And be it further enaded, That be-
whom'mca^ f°re any m*P or veffel {hall be regiftered, (he
fured; {hall \ye meafured by a furveyor, if there be
one, or by the perfon he fhall appoint, at the
port or place where the faid fhip or veffel may
be, and if there be none, by fuch perfon as
the collector of the diftrict, within which fhe
may be, fhall appoint, according to the rule
prefcribed by the forty-third fection of the
act, intitled, " An act to provide more effec-
tually for the collection of the duties impo-
fed by law on goods, wares and merchandize,
imported into the United States, and on the
tonnage of fhips or veffels." And the officer,,
or perfon, by whom fuch admeafurement fhall
certificate be made, fhall, for the information of, and as
thereof giv- ^ voucher to the officer by whom the regiftry
is to be made, grant a certificate, fpecifying
on failure,
certificate
of rdgiUry
forfeited.
C »37 ]
the built of fuch fhip or veffel, her number of
decks and malts, her length, breadth, depth,
the number of tons fhe meafures, and fuch
other particulars as are ufually defcriptive of
the identity of a fhip or veffel ; and that her
name, and the place to which (lie belongs, are
painted on her ftern, in manner required by
the third fection of this aft ; which certificate
ihall be counterfigned by an owner, or by the
mailer of fuch fhip or veffel, or by fome other
perfon who mall attend her admeafurement, In whatca.
on behalf of her owner or owners, in teftimony fes flups,
of the truth of the particulars therein con- ^mne°fu?-
tained ; without which, the faid certificate ed anew.
mall not be valid. But in all cafes, where a
fhip or veffel has before been regiflered, as a
fhip or veffel of the United States, it fhall not
be neceffary to meafure her anew, for the pur-
pofe of obtaining another regifter ; except fuch
fhip or veffel fhall have undergone fome alter-
ation, as to her burthen, fubfequent to the
time of her former regiflry.
Sec. 7. And be it further enacted. That, pre-
vious to the regiflry of any fhip or veffel, the ^f ds'u0W
hufband or acting and managing owner, toge- given, for
ther with the mafler thereof, and one or more faithful ufe
01 certiii-
fureties, to the fatisfa&ion of the collector of cateofre-
the diftricl:, whofe duty it is to make fuch re- £lftry> &c>-
giflry, fhall become bound to the United States,
if fuch fhip or veffel fhall be of burthen not
exceeding fifty tons, in the fum of four hundred
dollars ; if of burthen above fifty tons, and not
exceeding one hundred, in the fum of eight
hundred dollars ; if of burthen above one hun-
dred tons, and not exceeding two hundred, in
the fum of twelve hundred dollars ; if of bur-
1 then above two hundred tons, and not exceed-
i jng three hundred, in the fum of fixteen hun-
Vol. II. S »
[ '38 I
*fred dollars ; and if of burthen exceeding
three hundred tons, in the fum of two thoufand
dollars 5 with condition, in each cafe, that the
certificate of fuch regiftry, fhall be folely ufed
for the ihip, or veffei, for which it is granted,
and fhall not be fold, lent, or otherwife difpo-
fed of, to any perfon or perfons whomfoever ;
and that, in cafe fuch {hip or veffei fhall be loft,
or taken by an enemy, burnt, or broken up,
or fhall be otherwife prevented from returning
to the port to which fhe may belong, the faid
certificate, if preferved, mail be delivered up,
within eight days after the arrival of the maf-
ter, or perfon, having the charge or command
of fuch- fhip or veffei, within any diftricl of the
cafecertifi- United States, to the collector of inch- diftricl: ;
cateofre- An& that if any foreigner, or any perfon or
lp,' &?.ven perfons, for the ufe and benefit of fuch foreign-
er, fhall purchafe, or otherwife become enti-
tled to the whole, or any part or mare of, or
intereft in, fuch fhip or veffei,. the fame being
within a diftricl of the United States, the faid
certificate fhall, in fuch cafe, within feven days
after fuch purchafe,, change, or transfer of pro-
perty, be delivered up to the collector of the
faid diftricl ; and that if any fuch purchafe,
r. change, or transfer of property, fhall happen,
when fuch fhip or veffei mail be at any foreign
port or place, or at fea, then the faid mafter,
or perfon having, the charge or command there-
- . of, fhall, within eight days after his arrival
within any diftricl of the United States, deli-
ver up the .faid certificate fo the collector of
fuch diftricl ;: and every fuch certificate, fo de-
livered up, fhall be forthwith tranfmitted to
the Regifter of the Treafury, to be cancelled,,
who, if the fame fhall have been delivered up*
to a, coileclor, other than of the diftricl m
I 139 1
■which it was granted, fhall caufe notice of fuch
delivery to be given to the collector of the
faid diftrict.
Sec. 8. And be it further ena&ed, That in Veffeisbuitt
order to the regiftry of any {hip or veflel, st"r March"
which, after the laft day of March next, ihall J79.^ ^ow
be built within the United States, it fhall be reglftcr!n
neceffary to produce a certificate, under the
hand of the principal or matter carpenter, by
whom, or under whofe direction, the faid mip
or veffel fhall have been built, teftifying, that
fhe was built by him, or under his direction,
and fpecifying the place where, the time when,
and the perfon or perfons for whom, and de-
fcribingher built, number of decks and mafts,
length, breadth, depth, tonnage, and fuch
other circumftances,,as are ufually defcriptive
of the identy of a mip or veflel ; which certi-
ficate fhall be fufEcient to authorize the remo-
val of a new veffcl, from the diftrict where me
may be built, to another diftrict in the fame,
or an adjoioing ftate, where the owner or own-
ers actually refide, provided it be with ballafl
only.
Sec. 9. And be it further enacled. That the
feveral matters herein before required, having
been complied with, in order to the regifter-
ing of any fhip or veflei, the collector of the Co'!e(a°r
•diftrict. comprehending the port to which (he cor/oF r7-i"
mail belong., fhall make, and keep, in fome £'aiT»
proper book, a record or regiftry thereof, and
fhall grant an ab (tract or certificate of fuch
record or regiftry, as nearly as may be, in
the form following:
" In purfuance of an act of the Congrefs *nd t
of the United States of America, intitled, certificate
*" An act concerning the regiftering and re- thereof-
ording of fhips or veifels," [inferting here
C HO ]
the name, occupation, and place of abode, of
the perfon by whom the oath or affirmation
aforefaid, fhall have been made] having taken
or fubfcribed the oath (or affirmation) re-
quired by the faid act, and having fworn (or
affirmed) that he (or fhe, and if more than one
owner, adding the words, " together with,"
and the name or names, occupation or occu-
pations, place or places of abode, of the other
owner or owners) is (or are) the only owner
(or owners) of the fhip or veffel, called the
[inferting here her name] of [inferring here
the port to which fhe may belong] whereof
[inferting here the name of the mafter] is at
prefent mafter, and is a citizen of the United
States, and that the faid fhip or veffel was [in-
ferting here, when and where built] and [in-
ferting here, the name and office, if any, of the
perfon by whom fhe fhall have been furveyed
or admeafuredj having certified that the faid
fhip or veffel has [inferting here, the number
Form of 0f decks] and [inferting here, the number of
of rcgiftfy. mafts] and that her length is [inferting here,
the number offset] her breadth [inferting here,
the number of feet] her tjepth [inferting here,
the number of feet] and that fhe meafures [in-
ferting here, her number of tons] that fhe
is [defcribing here, the particular kind of vef*
fel, whether fhip, brigantine, mow, fchooner,
floop, or whatever elfe, together with her built,
and fpecifying whether fhe has any, or no gaU
lery or head] and the faid [naming the owner,
or the mafter, or other perfon, acting in behalf
of the owner or owners, by whom the certifi-
cate of admeafurement fhall have been coun^
terfigned, as aforefaid] having agreed to the
defcription and admeafurement, above fpeci-
fied, and fufficient fecurity having been given,
[ *4i 3
according to the faid aft, the faid fhip or veffel
has been duly regiftered at the port of [naming
the port where regiftered.] Given under my
hand and feal, at [naming the faid port] this
[inferting the particular day] day of [naming
the month] in the year [fpecifying the num-
ber of the year, 'in words at length:"] Pro-
vided, That if the mafter, or perfon having
the charge or command of fuch fhip or veiTel,
fhall, himfelf, have made oath or affirmation
touching his being a citizen, the wording of
the faid certificate fhall be varied fo as to be
conformable to the truth of the cafe : And „
r How certi-
Provided, That where a new certificate of re- ficate&i re-
gistry is granted, in confequence of any tranf- f1^^7
fer of a fhip or veffel, the words mall be fo va-
ried, as to refer to the former certificate of re-
giflry, for her admeasurement.
Sec. 10. And be it further enacted, That it gecretary
fhall be the duty of the Secretary of the Trea- °f t!l«
fury, to caufe to be prepareaVand tranfmitted, iea uiy*
from time to time, to the collectors of the fe- tofumifh
vera! diflricls, a fufficient number of forms of fcrm.s„of
the faid certificates of regiflry, attefted under of'regiftr"!
the feal of the Treafury, and the hand of the
Regifter thereof, with proper blanks, to be
filled by the faid collectors, refpectively, by
whom alfo the faid certificates fhall be figned
and fealed, before they fnali be iflued ; and
where there is a naval-officer at any port, they
fhall be counterfigned by him ; and where there
is a furreyor, but no naval-officer, they fhall be
counterfigned by him; and a copy of each fhall
be tranfmitted to the faid Regiiter, who fhall
caufe a record to be kept of the fame.
Sec. ii. And be it further enacled, That
where any citizen or citizens of the United
States fhall purchafe, or become owner or
.owners of any fhip or veffel, entitled to be re*.
U 142 ]
<2iizras giftered, by virtue of this aft, fuch fhip or
purchafing veffel, being within any diftrict, other than the
SSr°Ut one in which he or they ufually refide, fuch
proper dii- fliip or veffel mall be entitled to be rendered
latuZ by the colieftor of the diftiift, where fuch fhip
*eginor; or veffel may be, at the time of his or their
becoming owner or owners thereof, upon his
or their complying with the provifions herein
before prefcribed, in order to the regiftry of
ihips or veffels : And the oath or affirmation
which is required to be taken, may, at the op-
; tion of fuch owner or owners be taken, either
before the collector of the diftricl, compre-
hending the port to which fuch fhip or veffel
may belong, or before the collector of the dif-
tricl:, within which fuch fhip or veffel may be,
either of whom is hereby empowered to ad-
*o he deli- minifies: the fame *. Provided neverthekjs, That
Tc^1nT or whenever fuch fhip or veffel fhall arrive with-
their pro- m the diftricl, comprehending the port to
fhtcoiiec-0 which fuch fhip or veffel fhall belong, the cer-
toi. tificate of regiftry, which fhall have been ob-
tained, as aforefaid, fhall be delivered up to
5S5XS Ae collector of fuch diftria, who, upon the
sane. requifites of this act, in order to the regiftry
of ihips or veffels, being complied with, fhall
grant a new one, in lieu of the firft ; and the
certificate, fo delivered up, fhall forthwith be
returned by the collector who fhall receive the
' fame, to the collector who fhall have granted
it: and if the faid firft mentioned certificate of
regiftry (ball not be delivered up, as above
directed, the owner or owners, and the mafter
of fuch fhip or vefiel, at the time of lier faid
arrival within the diftrict comprehending the
port to which fuch fhip or veffel may belong,
fhall, feverally, forfeit the fum of one hundred
dollars^ to be recovered, with coils -of fuk;
C 143 3
and the faid certificate of regiftry mat! be
thenceforth void. And in cafe any of the
matters of fa&, in the faid oath or affirmation
alledged, which (hall be within the knowledge
of the party fo fwearing or affirming, (hall not
be true, there fhall a forfeiture- of the (hip or
veffel, together with her tackle, furniture and
apparel, in refpect to which, the fame mall
have been made, or of the value thereof, to be
recovered, with cofts of fuit, of the perfon by
whom fuch oath or affirmation fhall have been
made : Provided always, That if the mailer,,
•or perfon having the charge or command of
fuch fhip or veffel, fhall be within the diftricb
aforefaid, when application fhall be made for
regiftering the fame, he mall, himfelf, make
oath or affirmation, inftead of the faid owner,
touching his being a citizen, and the means
whereby, or manner in which, he is fo a citi-
zen ; in which cafe, if what the faid mafter,
or perfon having the faid charge or command,
mall fo fwear or affirm, (hail not be true, the
forfeiture aforefaid fhall not be incurred, but
he fhall, himfelf, forfeit and pay, by reafon
thereof, thefum of one thoufand dollars.
Sec. 12. And be if further matted. That vdfeis par-
when any fhip or veffel, entitled to be regif- agentshow
tered, purfuant to this aft, fhall be purchafed regiftered.
by an agent or attorney for, or on account of
a citizen or citizens of the United States, fuch
fhip or veffel, being in a diftricTt of the United
States, more than fifty miles diftant, taking
the nearefl: ufual route by land, from the one
comprehending the port to which, by virtue
of fuch purchafe, and by force of this- act, fuch
{hip or veffel ought to be deemed to belong,
it inall be lawful for the collector of the dif-
t^rict, where fuch fhip or veffel may be, and hs
[ *44 ]
veffeis pur- ^s hereby required, upon the application of
chafed by fuch agent or attorney, to proceed to the re-
rScrcd.W giftering of the faid (hip or veflel, the faid agent
or attorney, firft complying, on behalf, and in
the ftead of, the owner or owners thereof, with
the requisites prefcribed by this act, in order
to the regiftry of (hips or vefTels, except, that
in the oath or affirmation, which (hall be ta-
ken by the faid agent or attorney, inftead of
{wearing or affirming that he is owner, or an
ov/ner of fuch fhip or veffel, he fhall fwear or
affirm, that he is agent or attorney for the
owner or owners thereof, and that he hath
bona fide pur chafed the faid fhip or veifel, for
the perfon or perfons, whom he fhall name
and defcribe as the owner or owners thereof :
Provided nejJerthelefs, That whenever fuch fhip
or veflel fhall arrive within the diftiict com-
prehending the port to which fuch fhip or vef-
fel fhall belong, the certificate of regiftry,
which fhall hare been obtained, as aforefaid,
fhall be delivered up to the collector of fuch
diftric~t, who, upon the requifites of this act,
in order to the regiftry of fhips or veifels, be-
ing complied with, fhall grant a new one, in
lieu of the firft ; and the certificate, fo deli-
vered up, fhall forthwith be returned by the
collector, who fhall tranfmit the fame to the
collector who fhall have granted it. And if
the faid firft mentioned certificate of regiftry,
fhall not be delivered up, as above directed,
the owner or owners, and the rnafter of fuch
fhip or veffel, at the time of her faid arrival
within the diftrict comprehending the port to
which fhe may belong, fhall, feverally, forfeit
the fum of one hundred dollars, to be reco-
vered, with colts of fuit, and the faid certificate
*)f regiftry fhall be thenceforth void. And
/
C 145 1
In cafe, ally of the matters of fact, in the faid
oath or affirmation alledged, which mail be
within the knowledge of the party, fo fwear-
ing or affirming, mall not be true, there
mail be a forfeiture of the fhip or veffel, toge-
ther with her tackle, furniture and apparel, in
refpect to which, the fame fhall have been
made, or of the value thereof, to be recovered5
with cofts of fuit, of the perfon by whom fuch
oath or affirmation mall have been made :
Provided always, That if the mafter, or per-
fon having the charge or command of fuch
fhip or veffel, fhall be within the diftrict afore-
faid, when application fhall be made for regif-
tering the fame, he fhall, himfelf, make oath
or affirmation, inftead of the faid agent or at-
torney, touching his being a citizen, and the
means whereby, or maimer in which, he is fo
a citizen ; in which cafe, if what the faid maf-
ter, or perfon having the faid charge or com-
mand, mall fo fwear or affirm, fhall not be
true, the forfeiture aforefaid fhall not be in-
curred, but he fhall, himfelf, forfeit and pay^
by reafon thereof, the mm of one thoufand
dollars.
Sec. 13. And be it further emBed, That if 0ath to be
the certificate of the regiflry of any fhip or tak^n on
veffel mall be loft or deftroyed, or miflaid^ t2eT
the mailer, or other perfon having the charge "giiiry.
or command thereof, may make oath or affir-
mation, before the collector of the diftricl:
where fuch fhip or veffel fhall firft be, after
fuch lofs, deftrucfion, or miflaying, who is
hereby authorized - to adminifter the fame,
which oath or affirmation fhall Ue of the form
following : " I (inferring here the name of
the perfon fwearing or affirming) being mafter
(or having the charge or command) of the
Vol. II. T
E 146 ]
oath to be IKip or veffel, called the (inferting the name"
J;'1:''11 oa of the vend) do fwear Cor affirm) that the faid
tiiicate of imp, or veilel hath been, as I verily believe,
?caiftry. regiftered, according to law, by the name of
(inferting again the name of the veffel) and
that a certificate thereof was granted by the
collector of the diftrict of (naming the diftrict,
where regiftered) which certificate has been
loft (or deflroyed, or unintentionally and by
mere accident mifiaid, as the cafe may be) and
(except, where the certificate is alledged to
have been deflroyed) that the fame, if found
again, and within my power, fhall be delivered
up to the collector of the diftrict, in which it
was granted ;" which oath, or affirmation fhall.
be fubfcribed by the party making the fame,
and upon fuch oath or affirmation being made,
and the ether requifites of this act, in order
to the regiftry of fhips, or veffels, being com-
plied with, it fhall be lawful for the collector
of the diftrict, before whom fuch oath or affir-
mation is made, to grant a new regifter, in-
ferting therein, that the fame is iffued, in the
room of the one loft or deflroyed. But in all
cafes, where a regifter fhall be granted, in lieu
. of the one' loft or deflroyed, by any other than
the collector of the diftrict, to which the fhip,
or veffel actually belongs, fuch regifter fhall,
within ten days, after her firft arrival within
the diftrict to which fhe belongs, be delivered
up to the collector of the faid diftricl, who
fhall, thereupon, grant a new regifter,- in lieu
thereof. And in cafe the mafter, or comman-
der fnall neglect to deliver up fuch regifter,.
within the time aforefaid, he fhall forfeit one
hundred dollars ;. and the former regifter fhall
become null and void.
Sec. 14. And be it further enacled, That
C H7 3
when any fhip or vefTel, which mall have been vkcJ? M&
reinftered, purfuant to this act, or the act here- ^c- t0 bf
by, in part, repealed, fhall, in whole, or in aLw,
part, be fold, or transferred to a citizen or ci-
tizens of the United States, or fhall be altered
in form., or burthen, by being lengthened, or
built upon, or from one denomination to an-
other, by the mode or method of rigging or
fitting, m every fuch cafe the faid (hip or vef-
fel mail be regiflered anew, by her former
name, according to the directions herein be-
fore contained, (otherwife me mail ceafe to be
deemed a fhip or veffel of the United States)
and her former certificate of regiftry fhall be
delivered up to the collector to whom applica-
tion for fuch new regiftry (hall be made, at
the time, that the fame mail be made, to be
by him tranfmitted to the Regifter of the Trea-
fury who fhall caufe the fame to be cancelled.
And in every fuch cafe of fale or transfer, there
mall be fome inftrurnent of writing, in the na-
ture of a bill of fale, which fhall recite, at
length, the faid certificate, otherwife the faid
fhip or veiiei fhall be incapable of being fo rer
giftered anew. And in every cafe, in which
a. fhip or veffel is hereby required to be regis-
tered anew, if fhe mail not be fo regiflered
anew, fhe fhall not be entitled to any of the
privileges or benefits of a fhip or veffel of the
United States. And further, if her faid former
certificate of regiftry fhall not be delivered up,
as aforefaid, except where the fame may have
been deftroyed, loft, or unintentionally mif-
iaid, and an oath or affirmation thereof fhall
have been made, as aforefaid, the owner or
owners of fuch fhip or veffel fhall forfeit an4
pay the firm of five hundred dollars, to be r^?
covered, with cofts of fuit,
C M 3
SXto" Sec- I5- And hc it further enaBcd, That
report fuch when the mafter, or perfon haying the charge
collector? or command of a fhip or veifel, regiftered pur-
fuant to this aft, or the -a& hereby in part re-
pealed, (hall be changed, the owner, or one
of the owners, or the new mafter of fuch (hip
or veffel, mail report fuch change to the col-
lector of the diftriclr where the fame fhall hap-
pen, or where the faid fhip or veifel fhall firft
be, after the fame /hall have happened, and
fhall produce to him the certificate of regiftry
of fuch fhip or veifel, and fhall make oath or
affirmation, mewing that fuch new mafter is a
citizen of the United States, and the manner
in which, or means whereby, he is To a citi-
zen ; whereupon the faid collector fhall en-
dorfe upon the faid certificate of regiftry. a
memorandum of fuch change, fpecifying the
name of fuch new mailer, and fhall fubferibe
the faid memorandum with his name, and if
other than the collector of the diftricl:, by
whem the faid certificate of regiftry mail have
been granted, ftiall tranfmit a copy of the faid
memorandum to him, with notice of the par-
ticular fhip or vefTel, to which it fhall relate;
and the collector of the diftricl:, by whom the
faid certificate fhall have been granted, fhall
make a like memorandum of fuch change, in
his book of regifters, and fhall tranfmit a copy
thereof, to the Regifter of the Treafury. And
if the faid change fhall not be reported, or if
the faid oath or affirmation fhall not be taken,
as above directed, the regiftry of fuch fhip or
veifel fhall be void, and the faid mafter, or
perfon, having the charge or command of her,
ihall forfeit and pay the fum of one hundred
dollars.
3 cc. 1 6. And he it further cnafled, That if
[ J 49 ]
any fhip or veffel, heretofore regiftered, or ^j^V®1*
which fhall hereafter be regiftered, as a (hip er$ fcr«(-
or veffel of the United States, fhall be fold or t£jd °n n("
gleet to
transferred, in whole or in . part by way of ™akc ivdt
trult, confidence or otherwife, to a fubject, or rcPorL
citizen of any foreign prince or ftate, and
.fuch fale or transfer fliall not be made known,
in manner herein before directed, fuch fhip or
veffel, together with her tackle, apparel and
furniture, fhall be forfeited : Provided, That
if fuch fhip or veffel fhall be owned in part only,
and it fhall be made appear to the jury, before
whom the trial for fuch forfeiture -fhall be had,
that any other owner of fuch iliip or veffel,
being a citizen of the United States, was
wholly ignorant of the fale or transfer to, or
ownerfliip of, fuch foreign fubjeel: or citizen,
the ftnre or interefl of fuch citizen of the
United States fhall not be fubjeel; to fuch for-
feiture ; and the refidue only fhajl he fo for-
feited.
Sec. 17. And be it further enacled, That Oath oq
upon the entry of every fhip or veffel of the ^£k°at
United States, from any foreign port or place, u. s. from
if the fame fliall be at the port or place, at jjjjjg?
which the owner, or any of the part-owners
refide, fuch owner or part-owner fhall make
oath or affirmation, that the regifler of fuch
fhip or veffel contains the name or names of
all the perfons, who are then owners of the
faid fhip or veffel; or if any part of fuch fhip
or veffel has been fold or transferred, fince
the granting of fuch regifler, that fuch is the
cafe, and th*t no foreign fubject or citizen
hath, to the beft of hi: knowledge and belief,
any fhare, by the way of trufl, confidence, or
otherwife, in fuch fhip or veffel. And if the
owner, or any part-owner, fhall not refide at
C '5° 1
the port or place, at which fuch {hip or vefTel
fhall enter, then the mafter or commander
fhall make oath or affirmation, to the like ef-
fect. ArA if the owner, or part-owner, where
there is one, or the mafter or commander,
where there is no owner, mall refufe to fwear
or affirm as aforefaid, fuch fhip or vefTel (hall
not be entitled to the privileges of a fhip or
veflel of the United States.
Collator, Seel:. 1 8. A rid be it further enaclcd? That in
hovrtofTQ- all cafes, where the mafter, commander, or
ih-ering up owner of a fhip or veffel, fhall deliver up the
tieregifter. regifter of fuch fhip or vefTel, agreeable to the
provifions of this act, if to the collector of the
diftrict, where the fame fhall have been gran-
ted, the faid collector fhall, thereupon, cancel
the bond, which mall have been given at the
time of granting fuch regifter; or, if to the
collector of any other diftrict, fuch collector
mall grant, to the faid mafler, commander, or
owner, a receiptor acknowledgment, that fuch
regifter has been delivered to him, and the
time, when ; and upon fuch receipt being pro-
duced to the collector, by whom the regifter
was granted, he fhall cancel the bond of the
party, as if the regifter had been returned to
him.
Certificates Sec. 1 9. And be it further enacled, That the
of Mgjftry collector of each diftrict fhall progreffively
flo be num- .. ._ ri • n. 1 ■ 1 »
fecrcd. number the certificates or the regntry by mm
granted, beginning a new, at the commence-
ment of each year, and fhall enteran exact co-
py of each certificate, in a book to be kept for
that purpofe ; and fhall, once in three months,
tranfmit to the Regifter of the Treafury, co-
pies of all the certificates, which fhallhave been
granted by him, including the number of each.
Sec. 20. And be it further enacled, That;
[ i5« 3
every fhip or veffel, built in the United States, ships hmit
after the fifteenth day of Augufl, one thoufand J"r^ J^jfr
feven hundred and eighty nine, and belong- 1789, Low-
ing wholly, or in part, to the fubjects of fo- fc^n
reign powers, in order to be entitled to the be-
nefits of a fhip, built and recorded in the Uni-
ted States, fhall.be recorded in the office of
the collector of the diflrict, in which fuch £hip
or veffel was built, in manner following, that
is to fay ; The builder of every fuch fhip or
veffel mall make oath or affirmation, before the
collector of fuch diflrict, who is hereby au-
thorized to adminifter the fame, in manner
following ; " I(inferting here the name of fuch
builder) of (infer ting here tile place of his re-
fidence) fhipwright, do fwear (or affirm) that
(defcribing here the kind of veffel, as, whether
fhip, brig, mow, fchooner, floop, or whatever
elfe) named (inferting here the name of the
fhip or veffel) having (inferting here the num-
ber of decks,) and being, in length (inferting
here the number of feet) in breadth (inferting
here the number of feet) in depth (inferring
here the number of feet) and meafuring (in-
ferting here the number of tons) having (fpe-
cifying, whether any or no) gallery, and (alfo
fpecifying, whether any or no) .head, was
built by me, or under my direction, at (naming
the place, county, and ftate) in the United
States, in the year (inferting here the number
of the year ;") which oath, or affirmation,
fhall be fubfcribed by the perfon making the
fame, and fhall be recorded in a book, to be
kept, by the faid collector, for that purpofe.
Sec. 21. And be it further enafled, That the colfcAorf*
faid collector mall caufe the faid fhip or veffel haVG r%*»
to be furveyed or admeafured, according to a
the rule, prescribed by the forty-third lection
C *52 ]
of the act, intitled, " An act to provide in-
effectually for the collection of the' duties im-
pofed by law on goods, wares, and merchan-
dize, imported into the United States, and on
the tonnage of mips or veiTels j." and the per-
fon, by whom fuch admeafurement fhall be
made, mail grant a certificate thereof, as in
v the cafe of a fhip or veiTel to be regiftered ;
which certificate mall be counterfigned by the
faid builder, and by an owner, or the mailer,
or perfon having the command or charge there-
of, or by feme other perfon, being an agt*nt
for the owner or owners thereof, in teftimony
of the truth of the particulars therein con-
tained.
Sec. 11. And be it further enacled, That
ferfilcTte' a certificate of the faid record, atteiled under
-cf the re- the hand and feal of the faid collector, fhall
be granted to the mailer of every fuch fhip
or veffel, as nearly as may be, of the form
following: " In purfuance of an act, intitled,
" An act concerning the regiflering and re-
cording of mips or veiTels," I (inferting here
the name of the collector of the diftrict) of
(inferring here the name of the diftrict) in the
"United States, do .certify, that (inferting here
the name of the builder) of (inferting here
the place of his refidence, county, and ftate)
having fworn, or affirmed, that the (defcribing
the fliip or veflel, as in the certificate of re-
cord) named (inferting here her name) where-
of (inferting here the name of the mailer) is,
at prefent, mailer, was built at (inferting here
the name of the place, county, and ft ate, where
built) by him, or under his direction, in the
year (inferting here, the number of the year)
and (inferting here, the name of the furveyor,
©r other perfon, by whonj the fame adrueafufe*
<,ord«
[ >S3 1
ment (hall have been made) having certified,
that the faid Ihip or veffel has (inferring here,
her number of decks) is, in length (inferring
here, the number of feet) in breadth (inferring
here, the number of feet) in depth (inferring
here, the number of feet) and meafures (in-
ferring here, the number of tons) : And the
faid builder and (naming and defcribing the
owner, or mailer, or agent for the owner or
owners, as the cafe may be, by whom the faid
certificate fhall have been counterfigned) hav-
ing agreed to the faid defcription and admea-
fiirement, the faid fhip or velfel has been re-
corded, in the diflricl: of (inferring here, the
name of the diflricl, where recorded) in the
United States ; Witnefs my hand and feal, this
(inferting here, the day of the month) day of
(inferring here, the name of the month) in the
year (inferting here, the number of the year);"
which certificate mall be recorded in the of-
fice of the faid collector, and a duplicate there-
of tranfmitted to the Regifter of the Treafury
of the United States, to be recorded in his
office.
Sec. 21., And be it farther ena&ed, That if „, f
n r • rr Changes oi
the matter, or the name, or any Imp or venel mailer o-
fo recorded mall be changed, the owner, part- JSJ™-* to
owner, or confignee of fuch fhip or veffel, beendorfed
fhall caufe a memorandum thereof to be en- ^^f'fe-
dorfed on the certificate of the record, by the cord,
collector of the difbicl, where fuch fhip or
veffel may be, or at which me fhall firft arrive,
if fuch change took place in a foreign coun-
try ; and a copy thereof fhall be entered in the
\book of records, a tranfeript whereof fhall be
tranfmitted, by the faid collector, to the col-
lector of the difiricl:, where fuch certificate
was granted (tif not the fame nerfon), who
"Vol. II. V
[ 154 }
mall enter the fame in his book of records, and
forward a duplicate of fuch entry, to the Re-
gifter of the Treafury of the United States ;
and in fuch cafe, until the faid owner, part-
owner, or confignee, fnall caufe the faid me-
morandum to be made, by the collector, in
manner aforefaid, fuch fhip or veffel mall not
be deemed, or confidereda as a velfel recorded,
in purfuance of this act.
t^be'p™- Sec- M- And be it further enacled, That the
duced on mailer, or other perfon having the command
entry> or charge of any fhip or veffel, recorded in
purfuance of this act, mall on entry of fuch
fhip or veffel, produce the certificate of fuch
record, to the collector of the diftri£t, where
me mall be fo entered ; in failure of which,
fbrfeitUpri-° tf*e faid fnip or veffel mail not be entitled to
vi leges of the privileges of a veffel, recorded as aforefaid :
Provided always, and be it further enatted, That
nothing; herein contained mall be conftrued
o
to make it neceffary to record, a fecond time,
any fhip or veffel, which mail have been re-
corded, purfuant to the act, hereby in part
repealed : but fuch recording fhall be of the
like force and effect, as if made, purfuant to
this act.
Sec. 25. And be it further enacled, That
the fees and allowances, for the feveral fer-
vices to be performed, purfuant to this act,
and the diffribution of the fame, fhall be as
follows, to wit : For the admeafurement of
.every fhip or veffel, of one hundred tons, and
Lted. " under, one cent per ton ; for the admeafure-
ment of every fhip or veffel, above one hun-
dred, and not exceeding two hundred tons, one
hundred and fifty cents ; for the admeafure-
ment of every fhip or veffel, above two hun-
dred tons, two hundred cents j for every cer-
Fees.
how diftri-
[ '55 3
tificate of regiftry or record, two hundred
cents; for every endorfement upon a certifi-
cate of regiftry or record, one hundred cents;
and for taking every i bond required by this
act, twenty-five cents. The whsle amount of
which fees mall be received, and accounted
for, by the collector, or, at his option, by the
naval-officer, where there is one ; and -yhere
there is a collector, naval-officer, and ftirvey-
or, fliall be equally divided, monthly, between
the faid officers ; and where there is no naval- ,.n ., .
officer, two-thirds to the collector, and the of fees.
other third Lo the furveyor ; and where there
is only a collector, he mall receive the whole
amount thereof; and where there is -more
than one furveyor in any diftrict, each of them
fhall receive his proportionable part of fuch
fees, as fhall arife in the port, for which he
is appointed : Provided always, that, in all
cafes, where the tonnage of any fliip or veifel
fliall be afcertained, by any perfon appointed
for that purpole, fuch perfon fhall be paid a
reafonable compenfation therefor, out of the
fees aforefaid, before any diitribution thereof,
as aforefaid. And every collector and naval-
officer, and every furveyor, who fliall refide
at a port, where there is no collector, fhall
caufe to be affixed, and conftantly kept, in
fome confpicuous part of his office, a fair ta-
ble of the rates of fees, demandable by this
a'ctv •
Sec. 26. And be it further enacted, That Penalty on
every collector, or officer, who fhall know- ™f,kins .r
n 13.116 rcp"ii—
ingly make, or be concerned in making, any ters, or de-
falfe ree-ifter or record, or fhall knowingly minding
0 . . , . . ' r 1/ unlawful
grant, or be concerned in granting, any ralle fees.
certificate of regiftry or record of, or for any
fhip or veffelj or other falfe document what-
C '5^ ]
fbever, touching the fame, contrary to the true
intent and meaning of this ad, or who fhall cle-
fignedly take any other, or greater fees, than
are by this act allowed, or who (hall receive
any voluntary reward or gratuity, for any of
the fervices performed, purfuant thereto ; and
every furveyor, or other perfon appointed to
mealure any fhip or veffel, who fhall wilfully
deliver to any collector, or naval-officer, a
falfe description of fuch fhip or veffel, to be
registered or recorded, fhall, upon conviction
of any fuch neglect, or offence, forfeit the
fum of one thoufand dollars, and be rendered
incapable of ferving in any office of trufl or
profit, under the United States ; and if any
perfon or perfons, authorized and required by
this act, in refpect to his or their office or of-
fices, to perform any act or thing, required to
be done or performed, purfuant to any of the
provifions of this acl;, fhall wilfully neglect to
do or perform the fame, according to the true
intent and meaning of this acl:, fuch perfon or
perfons fhall, on being duly convicted there-
pf, if not fubject to the penalty and difquali-
fication aforefaid, forfeit the fum of five hun-
dred dollars for the firft offence, and a like fum
for the fecond offence, and fhall, thenceforth,
be rendered incapabl<%of holding any office of
truft or profit under the United States.
On frau- ^ec. 27* ^n^ ^e lt furi^ enaded, That if
duientiy any certificate of regiftry, or record, fhall be
tificfteCof fraudulently or knowingly ufed for any fhip or
regiftry. veffel, not then actually intitled to the benefit
thereof, according to the true intent of this
act, fuch fhip or veffel fhall be forfeited to the
United States, with her tackle, apparel, and
furniture.
C 157 ]
Sec. 28. And be it further enabled. That if pn making
any perfon or perfons fhall falfely make oath
or affirmation, to any of the matters, herein re-
quired to be verified, fuch perfon or perfons
fhall fuffer the like pains and penalties as {hall
be incurred by perfons committing wilful and
corrupt perjury; and Ifhat if any perfon or per-
fons mail forge, counterfeit, erafe, alter, or
falfify any certificate, regifter, record, or other
document, mentioned, defcribed or authori-
zed, in and by this aft, fuch perfon, or per-
fons, fhall, for every fuch offence, forfeit the
fum of five hundred dollars.
Sec. 29. And be it further enafled, That all Penalties
the penalties and forfeitures, which may be ve«d and
incurred, for offences agamft this aft, fhall difpofedof.
and may be fued for, profecuted and recover-
ed, in fuch courts, and be difpofed of, in
fuch manner, as any penalties and forfeitures,
which may be incurred, for offences againfl
the aft, intitled, " An aft to provide more
effectually for the collection of the duties im-
pofed by-law, on goods, wares, and merchan-
dize imported into the United States, and on
the tonnage of fhips or veffels," may legally
be fued for, profecuted, recovered and dif-
pofed of : Provided always, That if any officer
entitled to a part, or fhare of any fuch pe-
nalty, or forfeiture, fhall be neceffary, as a
witnefs, on the trial for fuch penalty or for-
feiture, fuch officer may be a witnefs upon the
faid trial ; but in fuch cafe, he mall not re-
ceive, nor be entitled to any part or fhare of
the faid penalty or forfeiture ; and the part
or mare, to which he would otherwife have
been entitled, fhall accrue to the United
States.
C '5§ ]
when this Sec. 30. And be it further enabled, That
fake efte<», from and after the laft day of March next,
&c- this act fhall be in full force and effect ; and
fo much of the act, intitled, " An act for re-
gistering and clearing veffels, regulating the
coafting trade, and for other purpofes," as
comes within the purview of this act, mail,
after the faid laft day of March, be repealed.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prejident of the Senate.
Approved, thirty-firft December, 1792:
GEORGE WASHINGTON,
Prefident of the. United States.
CHAPTER II.
An Acl to a?nend an Act, intitled " An Acl ef-
iablijhing a Mint, and regulating the Coins cf
the United States" fo far as refpetls the
Coinage of Copper.
BE it enabled by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica in Congrefs affembled, That every cent mall
contain two hundred and eight grains of cop-
per, and every half cent mall contain one hun-
dred and four grains of copper ; and that fo
much of the acl;, intitled " An act eftablifh-
ing a Mint, and regulating the Coins of the
United States," as refpects the weight of cents
C '59 ]
and half cents, fhall be, and the fame is here-
by repealed.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate,
Approved, January fourteenth, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER III.
An Acl to provide for the Allowance of Inter e/i
on the Sum ordered to be paid by the Refolve
of Congrefs, of the twenty-eighth of September,
one thoufand feven hundred and eighty-five, as
an Indemnity to the Perfons therein named.
(private. J
CHAPTER IV.
An Acl to continue in Force for a limited Time,
and to amend the Act, intitled " An Acl pro-
viding the Means of Intercourfe between the
United States, and Foreign Nations.
Sec. 1 . 13 E it enabled by the Senate and
£> Houfe of Reprefentatives of the ***£
United States of America in Congrefs affembled, courfewitk
That the aft, intitled " An ad providing the [?™g* "
means of intercourfe between the United States nued.
11a-
c
100
3
Accounts
thereof
how and
•when fet-
tled.
and foreign nations," which would expire at
the end of the prefent feffion of Congrefs, be,
and the fame hereby is, together with this act,
continued in force for the fpace of one year,
from the palling of this a£t, and from thence,
until the end of the feffion of Congrefs then,
or next thereafter holden, and no longer.
Sec. 2. And be it further enabled. That in
all cafes, where any fum or fums of money
have iffued, or ihall hereafter iffue, from the
Treafury, for the purpofes of intercourfe or
treaty, with foreign nations, in purfuance of
any law, the Prefident ihall be, and he hereby
is authorized to caufe the fame to be duly fet-
tled annually with the accounting officers of
the Treafury, in manner following, that is to
fay ; by caufmg the fame to be accounted for, *
fpecifically, in all inflances, wherein the ex-
penditure thereof may, in his judgment, be
made public ;• and by making a certificate or
certificates, or caufmg the Secretary of State
to make a certificate or certificates of the a-
mount of fuch expenditures, as he may think
it advifable not to fpecify ; and every fuch
certificate mall be deemed a fufficient voucher
for the fum or, fums therein expreffed to have
been expended.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States,' and Prefident of the Senate '.
Approved, February ninth, 1793 :
GEORGE WASHINGTON,
Prefident of the United States,
c m 3
CHAPTER V.
An Act regulating Foreign Coins , and for other
Purpofes.
Sec. i. Wy E it enacled by the Senate and
J^3 Hozife of Reprefentaiives of the
Utiited States of America in Congrefs affembled, Rates of fo-
That from and after thefirfl day of July next, 2Jfbim«d!
foreign gold and filver coins fhall pafs current
as money within the United States, and be a
legal tender for the payment of all debts and
demands, at the feveral and refpective rates
following, and not otherwife, viz. The gold
coins of Great- Britain and Portugal, of their
prefent flandard, at the rate of one hundred
cents for every twenty -feven grains of the ac-
tual weight thereof; the gold coins of France,
Spain and the dominions of Spain, of their
prefent flandard, at the rate of one hundred
cents for every twenty feven grains and two
fifths of a grain, of the actual weight thereof.
Spanifh milled dollars, at the rate of one hun-
dred cents for each dollar, the actual weight
whereof fhall not be lefs than feventeen penny
weights and feven grains ; and in proportion
for the parts of a dollar. Crowns of France,
at the rate of one hundred and ten cents, for
each crown, the actual weight whereof, fhall
not be lefs than eighteen penny weights and
feventeen grains, and in proportion for the
parts of a crown. But no foreign coin that
may have been, or fhall he iffued fubfequent
to the firfl day of January, one thoufand fe-
ven hundred and ninety-two, fhall be a ten-
der, as aforefaid, until famples thereof fhall
have been found, by aflay, at the mint of the
United States, to be conformable to the re£-
Vol. It X
C *& 3
peftive ftandards required, and proclamation
thereof fhall have been made by the Prefident
of the United States.
When ail Sec. 2, Provided always, and be it further
cepT Spa- enafied, That at the expiration of three years
nith dollars .-next •enfuing the time when the coinage of gold
to^eTten- an<^ fdver, agreeably to the aft, intitled, " An
der. ac"t eflablifhing a mint, and regulating the
coins of the United States," mail commence
at the mint of the United States, (which time
fhall be announced by the proclamation of the
Prefident of the United States) all foreign
gold coins, and all foreign filver coins,, except
Spanith milled dollars and parts of fuch dol-
lars, fhall ceafe to be a legal tender, as afore-
faid.
Other fo- Sec. 3. And be it further enafled, That all
loll coin- f°reign g°ld and filver coins, (except Spani!h
ed anew, milled dollars, and parts of fuch dollars) which
fhall be received in payment for monies due
to the United States, after the faid time, when
the coming of gold and filver coins fhall be-
gin at the mint of the United States, fhall,
previoufly to their being ifhied in circulation,
be coined anew, in conformity to the aft, in-
titled " An aft eftablifhing a mint and regula-
ting the coins of the United States."
After ia of Sec. 4. A?id be it further enacled, That
^thfa^of from and after the firfl day of July next, the
a certain fifty, fifth feftion of the aft, intitled, " An aft
forei™1"2 to provide more effectually for the collection
coin,to re- of the duties impofed by law on goods, wares
pealed. an(j merchandize imported into the United
States," which afcertains the rates at which
foreign gold and filver coins fhall be received
for the duties and fees to be collected in virtue
of the faid aft, be, and the fame is hereby re-
galed.
c life ]
Sec. 5. And be it further enacled, That the ^Jjrjf
aflay, provided to be made by the acl:, intitled, t0 com.
<* An act eftablifhing a mint, and regulating mcnce^
the coins of the United States^" fliaU com-
mence in the manner as by the faid. acl: is pre-
formed, on the fecond Monday of February,
annually, any thing in the laid a£t to the con-
trary notwithstanding.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prcfident of the United
States j and Prefident of the Senate,
Approyed, February ninth, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER VL
An Acl relative to Claims againji the United
1 States, not barred by any Acl of Limitation,
and which have not been already adjujied.
Sec. 1 . TT$ E it enacled by the Senate and Houfe
JI3 of Reprefentatives of the United Limitation
States of America in Congrefs affe?nbled, That of certain
all claims upon the United States, for fervices ga;nft u.s.
or fupplies, or for other caufe, matter or thing, t0 i^May,
furnifhed or done, previous to the fourth day 794'
of March, one thoufand feven hundred and
eighty-nine, whether founded upon certificates,
or other written documents from public offi-
cers, or otherwife, which have not already
been barred by any acl; of limitation, and
which lhall not be prefented'at the treasury,
C '64 ]
before the firfl day of May, one thoufand fe-
ven hundred and ninety-four, {hall forever af-
ter be barred and precluded from fettlement
or allowance : Provided, That nothing here-
in contained, fhall be conftrued to affect loan
office certificates, certificates of final fettlement,
indents of intereft, balances entered in the
books of the Regifter of the Treafury, certifi-
cates iflued by the Regifter of the Treafury,
commonly called regiftered certificates, loans
of money obtained in foreign countries, or
certificates ifmed purfuant to the acl:, intitled,
" An act making provifion for the debt of
the United States :" And provided further,
That nothing herein contained, lliall be con-
firmed to prohibit the proper officers of the
treafury from demanding an account or ac-
counts to be rendered, for any monies hereto-
fore advanced, and not accounted for, or from
admitting, under the ufual forms and reftric-
tions, credits for expenditures, equal to the
funis which haye been fo advanced.
Sec. 2. And be it further enaclcd, That it
fliall be the duty of the Auditor of the Trea-
fury, to receive all fuch claims aforefaid, as
have not been heretofore barred by any acl
claims pre- Gf limitation, as mail be prefented before the
time aforefaid, with the certificates, or other
documents in fupport thereof, and to caufe a
record to be made of the names of the perfons,
and of the time when the faid claims are pre-
fented ; which record fliall be made jm the
prefence of the perfon or perfons prefenting
the fame, and fhall be the only evidence that
the faid claims were prefented, during the
time limited by this act.
officers of Sec. %. And be it further enacled, That it
xePonrtoto ihall be the duty of the accounting officers of
Auditor
how to
keep re-
cord of
C '65 3
the treafury, to make report to Congrefs, upon congrd*
all fuch of the faid claims, as mail not be al- ^,;™d ^
lowed to be valid, according to the ufuai forms valid,
of the treafury.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentaiives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, February twelfth, 1703 :
' GEORGE WASHINGTON,
Prefident of the United States.
C H A P T E R VII.
An Acl refpecling Fugitives from fuflice, and
Perfons efcaping from the Service of their
Mafvers.
Sect. 1 . TJ E it enabled by the Senate and Houfe
j|3 of Reprefentaiives of the United
States of America, in Congrefs ajfembled, That Fu„;t;vcs
whenever the executive authority of any (late fromjuftke
in the Union, or of either of the territories a™Sca|i
north-weft or fouth of the river Ohio, mail ed'and fe-
demand any perfon as a fugitive from juftice, cure
of the executive authority of any fuch ftate or
territory to which fuch perfon mall have fled,
and (hall moreover produce the copy of an in-
dictment found, or an affidavit made before a
magiflrate of any ftate or territory as aforefaid5
charging the perfon fo demanded, with having
committed treafon, felony or other crime,
certified as authentic by the governor or chief
magiftrate of the ftate or territory from
whence the perfon fo charged, fled, it fhall be
the duty of the executive authority of the ftate
or territory to which fuch perfon fhall have
fled, to caufe him or her to be arretted and fe-
[ *66 ]
cured, and notice of the arreft to be given to
the executive authority making fuch demand,
or to the agent ci inch authority appointed to
receive the fugitive, and to caufe the fugitive
to be delivered to fuch agent when he mall
appear : But if no fuel: agent 11) all appear
within fix months from the time of the arreft,
the prifoner may be discharged. And all cods
or expenfes incurred in the apprehending, fe-
curinjr, and tranfmittingf fuch fugitive to the
ftate or territory maknlg fuch demand, mail
be paid" by fuch ftate or territory.
penaity on Sec. i. And be it further enadedi, That any
perions ref- agent appointed as aforefaid, who mall receive
cumg .cm. tj,e fugitive into his cuflody, mall be empow-
ered to tranfport him or her to the flate or
territory from which he or me (hail have fled.
And if any perfon or perfens mail by force
fet at liberty, or refcue the fugitive from fuch
agent while tranfporting, as aforefaid, the per-
fon or perfcnsrfo offending mall, on conviction,
be fined not exceeding five hundred dollars,
and be imprifoned not exceeding one year.
Proceed- Sec. 3. And be it cilfo enacted ^ That
v',-:? to be wneR a perfon held to labour in any of the
J!_-'.d on ci- . _^ . J m
rajjeofp.r- United States, or m either or the territories
fbnshcw on tne north. weft or fouth of the river Ohio,
to iauor- —a r
under tne laws tnereoi, mail efcape into any
other of the faid dates or territory, the perfon
to whom fuch labour or fervice may be due,
his agent or attorney, is hereby empowered
to feize or arreft fuch fugitive from labour,
and to take him or her before any judge of the
circuit or diftrict courts of the United States,
rending or being within the ftate, or before
any magiftrate of a county, city or town cor-
porate, wherein fuch feizure or arreft {hall be
made, and upon proof to the fatisfaction of
C 167 ]
fuch judge or magiftrate, either by oral tefti-
mony or affidavit taken before and certified by
a magiftrate of any fuch ftate or territory,
that the perfon fo feized or arrefled, doth, un-
der the laws of the ftate or territory from
which he or me fled, owe fervice or labour to
the perfon claiming him or her, it fhall be the
duty of fuch judge or magiftrate to give a cer-
tificate thereof to fuch claimant, his agent or
attorney, which fhall be fufficient warrant for
removing the faid fugitive from labour, to the
ftate or territory from which he or fhe fled.
Sec. 4. And be it further enabled. That any Penalty on
perfon who fhall knowingly and willingly ob- ob[t™-hns
■T t o#v o J claimants
ftrucl or hinder fuch claimant, his agent or of fugitives
attorney in fo feizing or arrefting fuch fugi- from labor*
tive from labour, or fhall refcue fuch fugitive
from fuch claimant, his agent or attorney
when fo arrefted purfuant to the authority
herein given or declared ; or fhall harbour or
conceal fuch perfon after notice that he or fhe
was a fugitive from labour, as aforefaid, (hall,
for either of the faid offences, forfeit and pay
the fum of five hundred dollars. Which pe-
nalty may be recovered by and for the benefit
of fuch claimant, by action of debt, in any
court proper to try the fame ; faving moreover
to the perfon claiming fuch labour or fervice,
his right of aclion for or on account o&the,
faid injuries or either them.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefcnfatives.
JOHN ADAMS, Vice-Prefidcnt of the United
States , and Prejident of the Senate.
Approved, February twelfth, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
I 168 ]
-J-J.C HAPTER VIII.
An Acl for enrolling and licenfing Ships or Vef-
fels to be employed in the Coqjting Trade and .
Fi/heries, and for t egulating the fame.
Sec. i. |3 E it enacted by the Senate and
_J3 Houfe of Reprefentatives of the
United States of America, in Congrefs afcmbled,
fnait be 5P$ That mips or veffels, enrolled by virtue of
deemed of " An a£t for reentering and clearing veffels,
States. regulating the coafling trade, and for other
purpofes," and thofe of twenty tons and up-
wards, which fhall be enrolled after the lafl
day of May next, in purfuance of this act, and
paving a licence in force, or if lefs than twen-
ty tons, not being enrolled fhall have a licence
in force, as is hereinafter required, and no
others, .(hall be deemed mips or veffels of the
United States, entitled to the privileges of (hips
or veffels employed in the coafting trade or
fimeries,
sh?p«r to Sec. 2* And be it further enacled, That
poffefs the from and after the lafl day of May next, in
requiVedby order for the enrolment of any Drip or veffel,
a certain foe fhall poffefs the fame qualifications, and
the fame requifites, in all refpects, mail be
complied with, as are made neceffary for re-
gilWring mips or veffels, by the aft, intitled,
" An a£t concerning the regiftering and re-
cording of fhips or veffels," and the fame du-
ties and authorities are hereby given and im-
pofed on all officers, refpeftively, in relation
to obtain to mcn enrolments, and the fame proceedings
enrolment, fhall be had, in fimilar cafes, touching fuch
enrolments \ and the fhips or veffels fo enrol-
led, with the mafter, or owner or owners there-
of, fhall.be fubject to the fame requifites, as
C '69 ]
are in thofe refpecls provided for veflels regis-
tered by virtue of the aforefaid acl ; the record
of which enrolment fhall be made, and an ab-
ftracl: or copy thereof granted, as nearly as
may be, in the form following : " Enrolment Form of en
in conformity to an acl of the Congrefs of the raiment.
United States of America, intitled M An acl
for enrolling and licenfing mips or veflels, to
be employed in the coaiting trade and fifheries,
and for regulating the fame" [inferring here
the name of the perfon with his occupation
and place of abode^ by whom the oath or af-
firmation is to be made] having taken and
fubfcribed the oath (or affirmation) required
by this acl, and having fworn (or affirmed)
that he (or fhe, and if more than one owner,
adding the words " together with," and the
name or names, occupation or occupations,
place or places of abode, of the owner or own-
ers) is, (or are) a citizen (or citizens) of the
United States, and fole owner (or owners) of
the fhip or veflel, called the [inferring here
her name] of [inferring here the name of the
port, to which fhe may belong] whereof [in-
ferring here the name of the mailer] is at pre-
fent mafter, and is a citizen of the United
States, and that the faid fhip or veffel was [in-
ferring here when and where built] and [in-
ferring here, the name and office, if any, of
the perfon, by whom fhe fhall have been fur-
veyed, or admeafured] having certified, that
the faid fhip or veffel has [inferting here, the
number of decks] and [inferting here, the
number of mails j and that her length is [in-
ferting here, the number of feet] her breadth
[inferting here, the number of feet] her depth
[inferring here, the number of feet] and that
fhe meafures [inferring here, her number of
• Vol, II, Y
[ *7° ]
unm J chat (lie is [defcribing here, the particu-
lar kind of veflel, whether fhip, brigantine,
ihow, fchooner, floop, or whatever elfe, toge-
ther with her built, and fpecifying, whether
ihe has any or no gallery or head] and the laid
[naming' the owner, or the mailer, or other
perfon acting in behalf of the owner or owners,
by whom the certificate of admeafurement fhall
have been counterfigned] having agreed to the
defcription and admeafurement above fpecifi.-
ed, and fufficient fecurity having been given,
according to the faid aft, the faid fhip or veflel
has been duly enrolled, at the port of [naming
the port where enrolled] Given under my
hand and feal, at [naming, the faid port] this
[inferring the particular day] day of [naming
the month] in the year, [fpecifying the num-
ber of the year, in words at length.]'*
Sec. 3. And be it further enabled*. That It
conditions fhall and may be lawful for the collectors of
may tmoi tne feveral diftricls, to enrol and licenfe any
vcffeis. fhip or veffel, that may be regiftered, upon fuch
regiftry being given up, or to regifter any fhip
or veffel, that may be enrolled, upon fuch en-
rolment and licenfe being given up.. And when
any fhip or veffel fhall be in any other diftricl,
than the one, to which fhe belongs, the col-
lector of fuch diftricl, on the application of
the mailer or commander thereof, ..and upon
his taking an oath or affirmation, that, accord-
ing to his bed knowledge and belief, the pro-
perty remains, as expreifed in, the regifter or
enrolment propofed to be given up, and upon
his giving the bonds required for granting re-
gifters, fhall make the exchanges aforefaid;
but in every fuch cafe, the collector, to whom
the regifter, or enrolment and licence may be-
given up, fhall tranfmit the fame to the regif-
ter of the treafury ; ajtd the regifter, or cnrel-
tin what
C rfi' J
snent and licence, granted in lieu thereof, fhalj,
within ten days after the arrival of fiich fhip or
veffel within the diflricTb, to which fhe belongs,
be delivered to the collector 6? the faid dif-
trift, and be by him cancelled. And if the
faid matter or commander mall neglecl: to de-
liver the faid regifter or enrolment and licence,
within the time afojefaid, he mail forfeit one
hundred doilars.
Sec. 4. And be it farther enacled, That in And tWe
oT,der to the licenfmg of any fhip or veifel, for -™g JU^
carrying on the coafting trade or fifheries, the costing
hufband, or managing owner, together with 'tf^eica
the mafter thereof, with one or more fureties
' to the fatisfaclion of the collector granting the
fame, fhall become bound to pay to the United
States, if fuch fhip or veifel be of the burthen
•of five tons, and lefs than twenty tons, the fum
of one hundred dollars ; and if twenty tons,
and not exceeding thirty tons, the fum of two
hundred dollars ■; and if above thirty tons, and
not exceeding fixty tons, the fum of five hun-
dred dollars *, and if above fixty tons, the fum
of one thoufend dollars, in cafe it mail ap-
pear, within two years from the date of the
bond, that fuch fhip or veffel has been employ-
ed in any trade, whereby the revenue of the
United States has been defrauded during the
time, the licence granted to fuch fhip or veffel
remained in force; and the mafter of fuch fhip
or veffel fliall alfo fwear, or affirm, that he is
a citizen of the United States, and that fuch
licenfe mall not be ufed for any other veffel,
or any other employment, than that, for which
it is fpecially granted, or in any trade or bufi-
nefs, whereby the revenue of the United States
may be defrauded ; and if fuch fhip or veffel
be lefs than twenty tons burthen, the hufband
[ *7* 3
or managing owner fhall fwear or affirm, that
fhe is wholly the property of a citizen or citi-
zens of the United States ; whereupon it fhall
be the duty of the collector of the diftricl:
comprehending the port, whereto fuch fhip or
veflel may belong, (the duty of fix cents, per
ton being firft paid) to grant a licence, in the
form following : " Licence for carrying on the
[here infert, coafting trade, whale fifhery, or
cod fifhery, as the cafe may be].
j-ormpftbe " *n purfuance of an acl: of the Congrefs
licence tp of the United States of America, intitled " An
^cffei"g a& ^or enrolling and licenfmg ihips or veffels
to be employed in the coafting trade and fifh-
cries, and for regulating the fame,'* (inferting
here the name of the hufband or managing
owner, with his occupation and place of abode,
and the name of the mafter, with the place
of his abode) having given bond, that the (in-
sert here, the defcription of the veflel, whether
ihip,brigantine., fnow,fchooner, floop, or what-
ever elfe fhe may be,) called the (infert here,
the veffel's name) whereof the faid (naming
the mafter) is mafter, burthen (infert here, the
number of tons, in words) tons, as appears by
her enrolment, dated at (naming the diftricl,
day, month and year, in words at length (but
( if fhe be lefs than twenty tons, infert, inftead
thereof) proof being had of her admeafurement
fliall not be employed in any trade, while this
licence fhall continue in force, whereby the re-
venue of the United States fhall be defrauded,
and having alfo fworn (or affirmed) that this
licence fhall not be ufed for any other veffel, or
for any other employment, than is herein fpe-
cified, licence is hereby granted for the faid
(inferting here, the defcription of the veffel)
called the (inferting here the veffel's name)
[ l73 }
to be employed in carrying on the (inferring
here, coafting trade, whale fifhery, or cod
fifhery, as the cafe may be) For one year from
the date hereof, and no longer : Given under
my hand andfeal, at (naming thefaid diftrift)
this (inferting the particular day) day of (nam-
ing the month) in the year (Ipecifying the
number of the year in words at length)."
Sec. 5. And be it further cnaaed. That no $™£T
licence, granted to any fhip or veffel, mall be fhaii be
confidered in force, any longer than fuch fhip £0cre™ed m
or veffel is owned, and of the defcription fet
forth in fuch licence, or for carrying on any
other bufmefs or employment, than that for
which flie is fpecially licenced, and if any fliip
or veffel be found with a forged or altered li-
cence, or making ufe of a licence granted for
any other fhip or veffel, fuch {hip or veffel, with
her tackle, apparel, and the cargo found on
board her, mail be forfeited.
Sec. 6. And be it further enafled, That af- Certain
ter the laft day of May next, every fhip or ^^
veffel of twenty tons or upwards (other than with th»
fuch as are regiftered) found trading between '
diftricl and diftricl:, or between different places
jn the fame diftricl, or carrying on the fifhery,
without being enrolled and licenced, or if lefs
than twenty tons, and not lefs than five tons,
without a licence, in manner as is provided
by this aft, fuch fhip or veffel, if laden with
goods, the growth or manufacture of the Uni-
ted States only (diftilled fpirits excepted) or
in ballad, fiiali pay the fame fees and ton-
nage in every port of the United Spates, at
which fhe may arrive, as fhips or veffel s not,
belonging to a citizen or citizens of the United
States, and if fhe have on board any articles
of foreign growth or manufacture, or difiilled
C *74 3
tohe for- fpirits, other than fea-ftores, the fhip or veffel,
i^itcd. together with her tackle, apparel and furni-
ture, and the lading found on board, fhall be
forfeited : Provided, however, if fuch fhip or
veffel be at fea, at the expiration of the time,
for which the licence was given, and the maf-
ter of fuch fhip or veffel fhall fwear or affirm
that fuch was the cafe, and fhall alfo within
forty-eight hours after his arrival deliver to
the collector of the diftrict in which he fhall
firfl arrive the licence which fhall have ex-
pired, the forfeiture aforefaid fhall not be in-
curred, nor fhall the fhip or veffel be liable to
pay the fees and tonnage aforefaid.
Coiie&ors Sec. 7. And be it further e?iacled, That the
KenceT.l>er colle&or of each diftria fhall progreffively
number the licences by him granted, beginning
anew at the commencement of each year, and
fhall make a record thereof in a book, to be
by him kept for that purpofe, and fhall, once
in three months, tranfmit to the Regifler of
the treafury, copies of the licences, which
fhall have been fo granted by him ; and alfo
of fuch licences, as mail have been given up
or returned to him, refpe&ively, in purfuance
of this aft. And where any fhip or veffel fhall
be licenced, or enrolled anew, or being licenced
or enrolled, fhall afterwards be regiftered, or
being regiftered, (hall afterwards be enrolled, or
licenced, fhe fhall, in every fuch cafe, be enrol-
led, licenced or regiftered by her former name.
Vcffds ?>e- Sec* °- ^nd l}e lt further entitled, That if
'ore pro- any fhip or veffel, enrolled or licenced, as afore-
"forefon11 ^c^ ^aH proceed on a foreign voyage, with-
- oyage to out firlt giving up her enrollment and licence,
roIment€& t0 ^ collector of the diftrift comprehending
ehx*in r<t- the port, from which fhe is about to proceed
,&u ' on fuch foreign voyage, and being duly re?.
< I *75 1
giftered by fuch collector, every fuch fhip or
veffel, together with her tackle, apparel and
furniture, and the goods, wares and merchan-
dize, fo imported therein, mail be liable to
feizure and forfeiture : Provided always, if
the port, from which fuch (hip or veifel is
abdut to proceed on fuch foreign voyage, be
npt within the diftrict, where fuch fhip or
veifel is enrolled, the collector of fuch dis-
trict fhall give to the mailer of fuch fhip or
veifel a certificate, fpecifying that the enrol-
ment and licence of fuch fhip or veifel is re-
ceived by him, and the time when it was fo
received ; which certificate fliall afterwards be
delivered by the faid mafter to the collector,
who may have granted fuch enrolment and
licence.
Sec. 9. And be it further enaffed, That the
licence, granted to any fhip or veifel, fhall be on^negS?-
given up to the collector of the diftrict* w;ho »'g to give
may have granted the fame, within three days about*"©.
after the expiration of the time, for which it ^w~>
was granted, in cafe fuch fhip or veifel be then
within the diftrict, or if ihe be abfent, at that
time, within three days from her firft arrival
within the diftrict afterwards, or if ihe be fold
out of the diftrict, within three days after the
arrival of the mafter within any diftrict, to the
collector of fuch diftrict taking his certificate
therefor ; and if the mafter thereof fhall ne-
glect j or refufe to deliver up the licence, as
aforefaid, he ihaii forfeit fifty dollars ; but if
fuch licence (hall have been previouily given
up to the collector of any other diftrict, as au-
thorized by this act, and a certificate thereof
under the hand of fuch collector, be produced
by fuch mafter, or if fuch licence be loft, or
«leftroyed, or unintentionally miflaid, fo that
Z '76 ]
it cannot be founds and the mafter of fuch fhip
or veffel (hall make and fubfcribc an oath or
affirmation, that fuch licence is loft, deftroy-
ed, or unintentionally miilaid, as he verily be-
lieves, and that the fame, if found y fhall be
delivered up, as is herein required, then the
aforefaid penalty fhall not be incurred. And
if fuch licence mall be loft, deftroyed, or un-
intentionally miilaid, as aforefaid, before the
expiration of the time, for which it was gran-
ted, upon the like oath or affirmation being
made and fubfcribed by the mafter of fuch (hip
or veffel, the faid collector is hereby autho-
rized and required, upon application being
made therefor, to licence fuch fhip or veifel
anew,
whenown- gec# I0. jnd be it. further enacled, That it
cancda7n- fliall and may be lawful for the owner or own-
cence,and ers 0f any Hcenfed fhip or veffel,, to return
eiies! fuch licence to the collector who granted the
fanie, at any time within the year, for which
it .was granted, who fhall thereupon, cancel
the fame, and fhall licenceduch veffcl anew,
upon the application of the owner or owners,
and upon the conditions herein before requir-
ed,-being complied with; and in cafe the
term, for which the former licence was grant-
ed, fhall not be expired, an abatement of-the
tonnage of fix cents per ton fhall be made, in
the proportion ofthe timefo unexpired.
Licenced See, - II. And :k& it further 'enacled, That
Kve'nTme tve*Y licenced fhip or veffel fhall have her
and port name, and the port to which fhe belongs,
thcftera " painted en her ftern, in the manner as is pro-
vided for regiftered fliips or veffels, and if any
licenced fhip or veffel be found,, without fuch
painting, the owner or owners thereof fhall
pay twenty dollars,.
C *77 ]
Sec. 12. And be it further enacled, That Proceed
when the mafter of any licenced fhip or veifel, l^Lgc of
ferry bdats excepted, ihall be changed, the [?aft^ oi
new mafter, or, in cafe of his abfence, the vSb,
owner or one of the owners thereof, fhall re-
port fuch change to the collector refiding at
the port where the fame may happen, if there
be one, otherwife, to the collector refiding at
any port, where fuch fhip or veifel may next
arrive, who,, upon the oath or affirmation of
fuch new mafter, or in cafe of his abfence, of
the owner or one of the owners, that he is a
citizen of the United States, and that fuch
{hip or veftel mail not, while fuch licence con-
tinues in force, be employed in any manner,
whereby the revenue of the United States may .
be defrauded, fhall endorfe fuch change on
the licence, with the name of the new mafter ^
and when any change mall happen, as afore-
faid, and fuch change fhall not be reported,
and the endorfement made of fuch change, as
is herein required, fuch fhip or veifel, found
carrying on the coafting trade or fifheries,
ihall be fubject to pay the fame fees and ton-
nage, as a veifel of the United States, having
a regifter, and the faid new mafter fhall forfeit
and pay the fum often dollars.
Sec. 13. And be it further enacled, That it By wj10jn
lhall be lawful, at all times, for any officer enrolment*
concerned in the collection of the revenue, to ^J&JJ, ™"
infpecl: the enrolment or licence of any fhip or
veflel ; and if the mafter of any fuch fhip or veifel
fnall not exhibit the fame, when thereunto re-
quired by fuch officer, he ihall .pay one hun-
dred dollars.
Sec. 14. And be it further enacled, That the
mafter or commander of every fhip or veifel
licenced fcr carrying on the coafting trade,
Tot. II. ' .Z
L 178' 1
Duty of
matters of
}icenced
coaflin^
vcfftls, ha-
ving on
board dif-
filled fpi-
rits, &c.
exceeding
in value
800 dollars.
to make
out dupli-
cate mani-
fefts..
deftined from a diftrict in one ftate, to a dif-
trict in the fame, or an adjoining ftate on the
fea coaft, or on a navigable river, having on
board, either diftilled fpirits in caiks exceed-
ing five hundred gallons, wine in calks exceed-
ing two hundred and fifty gallons, or in bot-
tles exceeding one hundred dozens, fugar
in calks or boxes exceeding three thoufand
pounds, tea in chefls or boxes exceeding live
hundred pounds, coffee in caiks or bags ex-
ceeding one thoufand pounds, or foreign mer-
chandize in packages, as imported, exceeding
in value four hundred dollars, or goods, wares
or merchandize, confiding of fuch enumera-
ted or other articles of foreign growth or ma-
nufacture, or of both,, whofe aggregate value
exceeds eight hundred dollars,, mail, previous
to the departure of fuch fhip or veiTel, frenr,
the port where (he may then be, make, out and
fubferibe duplicate manifefts of the whole of
fuch cargo on. board fuch fhip or veiTel, fpe-
cifying in fuch manifefts, the marks and num-
bers of every calk, bag, box, cheft or package
containing the fame, with the name and place
of refidence oi every fhipper and confignee,
and the quantity fhipped by and to each, and
if there be a collector or furveyor, rending at
fuch port, or within five mites thereof, he.fi;all
deliver fuch manifefts to the collector, if there
be one, otherwifeto the furveyor, before whom
he mall fwear or affirm, to the belt of his
knowledge and belief, that the goods therein
contained were legally imported, and the du-
ties thereupon paid or fecured, or if fpirits
diflilled within the United States, that the du-
ties thereupon have been paid or fecured,
whereupon the faid collector or furveyor fnall
feertifv the fame gn the laid manifefts- ono oi
C .'79 -1
which he fhall return to the faid matter, with
a permit, fpecifying thereon, generally-, the
lading on board fuch (hip or veilel, and au-
thorizing him to proceed to the port of His
dettination. And if any ihip or veilel, being
laden and deftined, as aforefaid, mall depart
From the port where '(he may then be, without
the matter or commander having firft made
out and fubfcribed duplicate manifetts of the
lading on board fuch fhip or velfel, and in cafe
there be a collector or fiirveyor rending at
fuch port, or within five miles thereof, without
having previoufly delivered the fame to the
faid collector or Purveyor, and obtaining a
.permit, in manner as is herein required, fuch
matter or commander fhall pay one hundred
dollars.
Sec. 15, And be it further enacted^ That the outy 0f
matter or commander of every fhip or veflel maters of
licenced for carrying on the coaltting trade, cotfcng
having on board, either diftilled fpirits in cafks yefrds hav~
exceeding five hundred gallons, wine in calks board dif-
■exceedinff two hundred and fifty gallons, or tilled fP':"
in bottles exceeding one hundred dozens, fu- ' ' v
gar in cafks or boxes exceeding three thou-
. land pounds, tea in chefts or boxes exceeding
five hundred pounds, coffee in cafks or bags
exceeding one thoufand pounds, or foreign
merchandize in packages, as imported, exceed-
ing in value four hundred dollars, or goods,
wares or merchandize, confitting of fuch enu-
merated or other articles of foreign growth or ~
manufacture, or of both, whofe aggregate va-
lue exceeds eight hundred dollars, and arri-
ving from a diiirict in one ttate, at a diftrict in
the fame or an adjoining ttate on the fea-coaft,
or on a navigable river, fhall, previous to the \
unlading of any part of the cargo of fuch fhip-
[ i8o ]
Duty of °'r veflel, deliver to the collector, if there be
matters of one, or if not, to the furveyor refiding at the
loSing Port °f ner arrival, or if there be no collector
veffeUhav- or furveyor refiding at fuch port, then to a
SrTdif- collector or furveyor, if there be any fuch of-
tjiied fpi- fleer, refiding within five miles thereof, the
iit», &c. manjfefl. 0f the cargo, certified by the collec-
tor or furveyor of the diftrict from whence
j(he failed (if there be fuch manifeft) otherwife
the duplicate manifefts thereof, as is herein
before directed, to the truth of which, before
fuch officer, he ffiall fwear or. affirm. And if
there have been taken on board fuch fhip or
veffel, any other or more goods, than are con-
tained in fuch manifeft or manifefts, fince her
departure from the port, from whence me firft
failed, or if any goods have been fince land-
ed, the faid mailer or commander (hall make
known and particularize the fame to the faid
collector or furveyor, or if no fuch goods have
been fo taken on board or landed, he (hall fo
declare, to the truth of which he fliall fwear
or affirm : Whereupon, the faid collector or
furveyor fliall grant a permit for unlading a
part, or the whole of fuch cargo, as the faid
mafter or commander may requ.eft. And if
there be no collector or furveyor, refiding at,
or within five miles of the faid port of her ar-
rival., the mailer or commander of fuch fhip. or
veffel may proceed to difcharge the lading from
onboard fuch fhip or veifel, but (ball deliver
to the collector or furveyor, refiding at the
firft port, where he may next afterwards ar-
rive, and within twenty four hours of his ar-
rival, the manifeft or manifefts aforefaid, no-
mg thereon the times when, and places where,
tjie goods, therein mentioned, have been un-
laden, to the truth of which, before the kid
C Hi 3
I aft mentioned colleclor or furveyor, he fhall
fwear or affirm ; and if the matter or comman-
der of any fuch fhip or veffel, being laden as
aforefaid, mall neglect or refufe to deliver the
manifeil or manifeits, at the times, and in the
manner, herein direcled,_ he ihall pay one hun-
dred dollars.
Sec. 1 6. And be if further enacled,. That the T>«?y of
mafler or commander of every (hip or veffel, ™ffeis'd"c-
licenced for carrying on the coafting trade, tintd.fro™
and being deftined from any diflricl: of the Smother
United States, to a diftrict other than a dif- t!ian .a dif-
tricl in the fame, or an adjoining flate, on the fame 'or an,
fea-coafl, or on a navigable river, (hall, previ- adjoining
ous to her departure, deliver to the collector
refiding at the port where fuch fhip or veffel
may be, if there is one, otherwife to the col-
lector of the diflricl: comprehending: fuch port,
or to a furveyor within the diflricl:, as the one
or the other may refide nearefl to the port at
which fuch fhip or veffel" may be, duplicate,
manifeils of the whole cargo on board fuch *
(hip or veffel, or iftherebeno cargo on board,
he fhall fo certify, and if there be any diflilled
fpirits, or goods, wares and merchandize, of
foreign growth or manufacture on board, other
than what may, by the' coMec~tor, -be deemed
futhcient for fea-flores, he fhall fpecify in fuch
irianifefts, the marks and numbers of every
cafk, bag, box, cheft or package, containing
the fame, with the name, and place of-refi-
dence, of every fhipper and eonfignee of fuch
diflilled fpirits, or goods of foreign growth or
manufacture, and the quantity (hipped by,. and
to each, to be by him fubferibed, and to the
truth of which, he fhall. fwear or affirm.; and
fhall alfb fwcar or affirm before the faid col-
lector or furveyor, that fuch goods, waresj or
c m 3
merchandize, of foreign growth or manufac-
ture, were, to the befl of his knowledge and
belief, legally imported, and the duties there-
upon, paid or fecured ; or if fpirits diftilled
within the United States, that the duties there-
upon, have been duly paid or fecured ; upon
the performance of which, and not before, the
laid collector or furveyor mall certify the fame
pit the faid manifefts j one of which he mall
return to the matter, with a permit, thereto
annexed, authorizing him to proceed to the
port of his defoliation. And if any fuch fhip
or veflel frail depart from the port where me
may then be, having diftilled fpirits, or goods,
wares or merchandize, of foreign growth or
Fotfelmre manufacture on board, without the feveral
on negie£- things herein required, being complied with,
iag "' the mailer thereof fhali forfeit one hundred
dollars ; or if the lading be of goods, the
growth or manufacture of the United States
only, or if.Iuch Ihip or veffel have no cargo,
and ihe depart, without the feveral things here-
in required, being complied with, the faid maf-
ter iftall forfeit and pay fifty dollars.
Sec. 1 7. And he it further enacled, That the
Matters of niaiier or commander of every fhip or veffel,
coafting licenced to carry on the coafling trade, arri-
wheVaHd v*ng at any diltricl: of the United States, from
towhemto any diflricf, other than a ciiflricTt in the fame,
deliver ma- j« • • n , u.t e (i.
nifefls. or an adjoining itate on tne iea-coait, or on a
navigable liver, Hall deliver to the collector
redding at the port where fhe may arrive, if
there be one, otherwife to the collector or fur-
veyor in the diftrict comprehending fuch port,
as the one, or the other, may reiide neareft
thereto, if the colleger or farveyor refide at
a diflance not exceeding five miles, within
twenty four hours, or if at a greater diflance.
C '83 ]
within forty-eight hours next after his arrival ;
and previous to the unlading any of the goods
brought in fuch ihip- or veffel, the manifeft of
the cargo (if there be any) certified by the col-
lector or furveyor of the diftrict from whence
(lie laft failed, and (hall make oath or affirma- undero3th
tion, before the faid collector or furveyor,
that there was not, when he failed from the
diftrict where his manifeft was certified,; or has
been fmce, or then is, any more, or other *
goods, wares or merchandize of foreign
growth or manufacture, or diftjiled fpirits (if
there be any, other than fea-ftores, on board
fuch veffel) than is therein mentioned ; and if
there be no fuch goods, he (hall fo fwear or
affirm ; and if there be no cargo on board, he
(hall produce the certificate of the collector or
furveyor of the diftrict from whence (he laft
failed, as aforefaid, that fuch is the cafe :
Whereupon fuch collector or furveyor (hall and obtain
grant a permit for unlading the whole, or part u^22gfor
of fucll. cargo (if there- be any) within his dis-
trict, as the matter may requeft ; and where
a part only of the goods, wares and merchan-
dize,, of foreign growth cr manufacture, or of
diftilled fpirits, brought lit fuch ihip or veifel,
is intended to be landed, the faid collector or
furveyor (hall make an endorfement of fuch
part, on the back of the manifeft, fpecifying
the articles to be landed ; and mail return
fuch manifeft to the mafier, endorlinr alio
thereon, his perruiffion for fuch ihip or vefTel,
to proceed to thv: place of her d equation ;
and if the niafte- of fuch ihip or veffel (iM
neglect or refufe to deliver the manifeft, (or
if Ike has no cargo, the certificate) within the
time herein directed, he fhall fori el t one hun-
dred dollars, and the goods, wares and mer-
epipt
deli*.rerin
Bianifefts
[[ '84 ]
chandize of foreign growth or manufa&ure,
or diddled fpirits, found on board, or landed
from fuch fhip or veffel, not being certified,
as is herein required, {hall be forfeited, and if
the fame mall amount to the value of eight
hundred dollars, fuch fhip or veffel,' with her
tackle, apparel and furniture, mall be alfo for-
feited.
Sec. 18. And be it further enaSlcd, That no-
fes\jaftefs thing in this ac/t contained mail be fo conftru-
«f vefleis ed, as to oblige the mailer or commander of
'from any ^P or veffel, licenced for carrying on the
■coailing trade, bound from a diftrift in one
ftate to a diftricl in the fame, or an adjoining
ftate on the fea-coaft, or on a navigable river,
having on board goods, wares or merchandize,
of the growth, product or manufactures of the
United States only (except diddled fpirits) or
diftilled fpirits, not more than five hundred
gallons, wine in calks not more than two
hundred and fifty gallons, or in bottles not
more than one hundred dozens, fugar in
calks or boxes not more than three thoufand
pounds, tea in chefls or boxes not more than
five hundred pounds, coffee in calks or bags
not more than one thoufand pounds, or fo-
reign merchandize in packages as imported,
of not more value than four hundred dollars,,
or goods, wares or merchandize, confiding
of fuch enumerated or other articles of foreign
growth or manufacture, or of both, whofe
aggregate value (hall be not more than eight
hundred dollars, to deliver a manifeft thereof,
or obtain a permit, previous to her departure,
in others or on her arrival within fuch diftricl:, to make
ow to be any report thereof; but fuch mader (hall be
r
ded
witk there, provided with a manifeft;, by him fubferibed,
of the fading, of what kind foever, which was
an board fuch fhip or veffel, at the time oi'MP
departure from the diftrict from which (he laftV
failed, and if the fame, or any part of fuch la-;
ding confifts of diftilled fpirits, or goods/
wares or merchandize,: of foreign growth or
manufacture, with the marks and numbers of
each cafk, bag, box, cheft or package, ' con-
taining the fame, with the name of the fhip-
per and consignee of: each'; which manifeft
ihall be by him exhibited, fo: the infpeftioii
of any officer of the revenue, when, by fuch
officer, thereunto required ; arid mall alfo in-
form fuch officer, from whence fuch , fhip or
veffel lad failed, and how long me has been in
port, when by him fo interrogated. And if ForfeitUrfe •
the mailer of fuch fhip or veffel fhall not be on negiei»
provided, on his arrival within any fuch dif- thereof-
trict, with a manifeft, and exhibit the fame,
as is herein required, if the lading of fuch fhij>
or veffel confiihwholly of goods, the produce
pr manufacture of the United States (diftilled
fpirits excepted) he mail forfeit twenty dollars;
or if .there 'be diftilled fpirits.or goods, wares,
or merchandize, of foreign growth, or manu-
facture, on board, excepting what 'may-be fuf-
ficient for fea-ftores, he mall forfeit forty dol-
lars j or if he ihall refufe to anfwer the inters
rogatories truly, as is herein required^ he ihall
forfeit the fum of one hundred dollars. And
if any of the goods laden on board /fucWihip
or veffel, ihall be of foreign growth or manu>>
failure, or of fpirits diftilled within the Uni-
ted States, To much of the fame, as may be
found on board fuch fhip or veffel, and which
ihall not be included in the manifeft exhibited
by fuch mailer, iliall be forfeited, *
Sec. ig. And belt further erta$ed$ That it jj!^^
Ihall and may bs lawful for the. collector of yaniamay
■ Vol. IL A 2
[ i86 ]
grant per- tJie diftrift of PenriFylvama, to grant permit:
fnits for
tra
ni^ort- for the tranfportation of goods, wares or
ing f reign merchandize of foreign growth or mariu-
fertaia° fa&ure, aerofs the ftate of New-jerfey, to the
&- :i? divine! of New- York, or aerofs the (late of
Delaware, to any diflnct. in the ftate of Mary-
land or Virginia ; and for the collector of the
dill rice of New- York, to grant like permits for
the tranfportation aerofs the {fate of New-
jerfey ; an:! for the collector of any diflrict
of Maryland or Virginia, to grant like per-
mits for the tranfportation aerofs the (late of
Delaware, to the diffract, of Pennfyivania :
Provided, That every Fuch permit fnail exprefs
under what the name of the owner-, or perfon fending
&&!& fuch goods, and of the perfon or perfons, to
whom fuch goods ftall be configned, with
the marks, numbers and defcription of the
packages, whether bale, box, chef!, or other-
wife, and the kind of goods contained there-
in, and the date, when granted ; and the
owner or perfon fending fuch goods, (hall
f wear or affirm, that they were legally import-
ed, and the duties thereupon paid or fecured :
And provided al/b, That the owner or con-
fignee of all fuch goods, wares and merchan-
dize, fhall, within twenty-four hours after the
arrival thereof, at the place to which they
were permitted to be tranfported, report the
fame, to the collector of the diftrict where
they fhall fo arrive, and fhall deliver up the
permit accompanying the fame, and if the
owner or confignee aforefaid, fnail neglect, or
refufe to make due entry of fuch goods
within the time, and in the manner, herein
directed, all fuch goods, wares and merchan-
dize mall be fubjeel; to forfeiture ; and if the
permit granted mall not be given uitj with
I iS; ]
the time limited for making the faid report,
the perfon or perfons to whom it was grant-
ed, neglecting or refuting to deliver it up, (hall
forfeit fifty dollars for every twenty -four hours
it {hall be withheld afterwards : Provided, Thar
where the goods, wares and merchandize, to
be tranfported in manner aforefaid, &all be of
lefs value than eight hundred dollars, the laid
oath and permit mall not be deemed necefTary,
nor (hall the owner or coriu^nee be obliged to
make report to the collector of the diitricr.
where the raid goods, wares and merchandize
ihall arrive.
Sec. 20. • Atzd be it further enacfid, That Regiuered
when any mip or veilel of the United States, v;;^is)':rri"
regiftered according to law, mall be employ- e-oLjo from
ed in going from any one difmct in the Uni- *!-«"?/?
ted States, to any other diftricl, fuch filip or feci tore-
veiTeh and the mailer or commander thereof. platl5>"s."*
with the goods (he may have on board, previ- of this act.:
ous to her departure from the diilricl, where
{he may be, and alfo, upon her arrival in any
other diftrict, (hall be fubjecr. (except as to the
payment of fees) to the fame regulations.
proviiions, penalties and forfeitures, and the
like duties are impofed on like officers, as is
provided by the fixteenth- and feventeenth fec-
tions of this aft, for mips or vefTels licenced
for carrying on the coaiting trade : Provided
however, that nothing herein contained, (hall
be conftrued to extend to regiftered mips or
vefTels of the United States, having on board
goods, wares and merchandize of foreign
growth or manufa&ure, brought into the
United States in fuch fhip or vefTel from a fo-
reign port, and on which the duties have not
Keen paid or feeured, according to law.
Sec. 21, And be it further enaBed^ That
[ i38 J
Buty of when any ihip or vefTel, licenced for carrying
ihips licen- on the fifhery, (hall be intended to touch and
o-d tot- car- trade at any foreign port or place, it mail be
tbefifliery, the duty of the mafler, commander, or own-
er, to obtain permiffion for that purpofe, from
the collector of the diftricl: where fuch Ihip
or vefiel may be, previous to her departure,
and the matter or commander of every fuch
fhip or vefiel, fhall deliver like manifeits, and
make like entries, both of the fhip or vefiel,
and of the goods, wares, or merchandize on
board, within the fame time, and under the
fame penalty, as by the laws of the United
States, are provided for mips or veflels of the
United States arriving from a foreign port.
And if any fhip or vefTel, licenced for carrying
on the fimeries, fhall be found within three
leagues of the coaft, with goods, wares, or
merchandizeof foreign growth or manufacture,
exceeding the value of five hundred dollars,
without having fuch permiflion, as is herein
directed, fuch ihip or vefTel, together with the
goods, wares, cr merchandize of foreign
growth or manufacture imported therein,
ih all be fubjecT to feizure and forfeiture.
iters Sec. 22. And be it further enacled, That the
bfvfeffeis mailer or commander of every fhip or vefiel,
tranfport- emD|0yec[ m the tranfportation of goods from
1119 POOCIS ' rt % •• *i • '
from dif- diflricTt to diitrict, that mail put into a port,
tntt to dif- Qthgj- t],an t[ie cne to which fhe was bound,
mall, within twenty-four hours of his arrival,
if there be an officer refiding at. fuch port, and
fhe continue there fo long, make report of his
arrival, to fuch officer, with the name of the
place he came from, and to which he is bound,
with an account of his lading; and if the maf-
ter of fuch fhip or vefTel fhall neglect or refufe
to do the fame, he fhall forfeit twenty dollars*
E 189 1
Sec. 2i. And be it further enafied, That ifcPW*
«-* . j ' collectors
the mafter or cominander of any fhip cr veffel, on matters
employed in the tranfpertation of goods from )>f ^fe,[oft
diftrict to diftricl, having on board goods, their ma'ni-
,wares, or merchandize of foreign growth or *cfts-
manufacture, or diftilled fpirits, fhall, on his
arrival at the port to which he was deftined,
have loft or niiflaid the certified 'manifeft of the
fame, or the permit which was given therefor,
by the collector or furveyor of the diftricl
from whence he failed, the collector of the
diftricl: where he fhall fo arrive, mail take
bond for the payment of the duties on fuch
goods, wares and merchandize of foreign
growth or manufacture, or ■diftilled fpirits,
within fix months, in the fame manner, as
though they were imported from a foreign
country : Provided however, fuch bond final!
be cancelled, if the faid mafter fhall deliver,
or caufe to be delivered to the collector taking
fuch bond, and within the term therein limited
for payment, a certificate from the collector tit
furveyor of the diftricl, from whence he failed,
that fuch goods were legally exported in fuch
fhip or veffel, from fuch diftricl.
Sec. 24. And be it further enaded, That the Mailers of
mafter or commander of every foreign flbip-dr ,rdTe!;f
veffel, bound from a diftricl in the United 'dlSiaTo1
States, to any other diftricl within the fame, ujftrj&pre-
fhall, in all cafes, previous to her departure SUr <iu-
frorn fuoji diftrict, deliver to the collector of P!j.cate ma"
fuch diftrict, duplicate manifefts of the lading "oW&or,
on board fuch fhip or veffel, if there be any, or &c-
if there be none, he fhall declare that fuch is
the cafe, and to the truth of fuch manifefts
or declaration, he fhall fvvear or affirm, and
alio obtain a permit, from the faid collector,
authorizing him to proceed to the place of his
C *9° 3
deflination. And the matter or commander
of every fuch {hip or vefTel, on his arrival
within any diftricl:, from any other diftricl,
ifiall, in all cafes, within forty-eight hours
after his arrival, and previous to the unla-
ding any goods from on board fuch fhip or
veifel, deliver to the collector of the diilricl
where he may have arrived, a manifeft of the
goods laden on board fuch fhip or veffel, if
any there be, or if in ballad only, he fhall fo
declare, and to the truth of which manifeft or
declaration, he fhall fwear or affirm ; and alfo,
that fuch manifeft contains an account of all
the goods, wares, and merchandize which
were on board fuch fhip or veffel, at the time,
or have been, fmce her departure from the
place, from whence fhe fhall be reported laft
to have failed ; and he fhall alfo deliver to fuch
collector the permit which was given him from
the collector of the diftricl from whence he
failed. And if the mailer or commander ot
any fuch fhip or veffel, fhall neglect, or refufe
thereof!" complying with any of the requirements here-
in made, he fhall forfeit one hundred dollars :
Provided always, That nothing herein con-
tained fhall be conftrued as affecting the paj-
■njgnt of tonnage,, or any other requirements
which fuch (hips or veffels are now fubject to
by the prefent exifting laws of the United
Sec. 25. And be it further enaded, That in
Enfcfe?es«t every cafe, where the collector is, by this aft,
t.i'^7-,^, directed to grant any enrolment, licence, cer-
tificate,, permit, or other document, the naval-
officer redding at the .port (if there be one)
fhall fign the fame, 2nd every furveyor who
iliall certify a manifeft, or grant a permit, or
wh® fhall receive any certified manifeft, or a
srie
:n negledt
v/nom ua
[ I91 ]
permit as is provided for in this aft, fhall make
monthly returns thereof, or fooner, if it can
conveniently be made, to the collector of the
diflricl where fuch furveyor may refide.
Sec. 26. And be it further enaBed, That be- gj*?1
fore any (hip or veffel, of the burthen of five tuns fhaii
tons, and lefs than twenty tons, mall be li- fu%addm|£
cenced, the fame admeafurernent lhall be made
of fuch fhip or veifel, and the fame provifions
ebferved relative thereto, as are to be obferved
in cafe of admeafuring {hips or veffeis to be
regiftered or enrolled ; but in all cafes, where
fuch fhip or veffel, or any other licenced fhip
or veffel, fhall have been once admeafured, it
fhall not be neceffary to meafure fuch fhip or
veffel anew, for the purpofe of obtaining ano-
ther enrolment or licence, except fuch fhip or
veffel mall have undergone fome alteration as
to her burthen, fubfequent to the time of her
former licence.
Sec. 27. And be it further enabled. That it R<?cr)W
mall be lawful for any officer of the revenue, may go on
to go on board of any fhip or veffel, whether JjJ^'JjJ'Jj
me fnall be within or without his diflricl:, and their dif-
the fame to infpecl:, fearch and examine, and mas*
if it fhall appear, that any breach of the laws
©f the United States has been committed5
whereby fuch fhip or veffel, or the goods,
wares and merchandize on board, or any part
thereof, is, or are liable to forfeiture, to make
feizure of the fame.
Sec. 28. And be it further enabled. That in CoiiaStort
every cafe, where a forfeiture of any fhip or ^fL" "eS
veffel, or of any goods, wares or mercban- fcimre
dize, mall accrue, it fhall be the duty of the
collector, or other proper officer,, who fhall
give notice of the feizure of fuch fhip or vef-
[ 192 ]
fel, or of fuch goods, wares or merchandize,,
to infert in the fame advertifement, the name
or names, and the place or places of refidence,
of the perfon or perfons, to whom any fuch
fhip or veflel, goods, wares and merchandize
belonged, or were configneu, at the time of
fuch feizure, if the fame mail be known to him.
Forfeiture Sec. 29. And be it further enacled, That
ingTnrol " every collector, who mall knowingly make any
ment, &c. record of enrolment or licence of any fhip or
contrary to rr' 1. • j .i_ ' rr . r
tivis a<a. veflel, and every other officer, or perlon, ap-
pointed by, or under them, who mall make
any record, or grant any certificate, or other
document whatever, contrary to the true in-
tent and meaning of this act, or fhall take any
other, or greater fees, than are, by this act,
allowed, or fhall receive, for any fervice per-
formed, purfuant to this act, any reward or
gratuity, and every furveyor, or other perfon
appointed to meafure mips or velfels, who fhall
wilfully deliver to any collector, or naval-of-
ficer, a falfe defcription of any fhip or veflel*
to be enrolled or licenced, in purfuance of this
act, fhall, upon conviction of any fuch neglect
or offence, forfeit to the United States five
hundred dollars, and be rendered incapable
of ferving in any office of trufl or profit, un-
der the United States. And if any perfon, au-
thorized and required by this act, in refpect to
his office, to perform any act or thing required
by this act, fhall wilfully neglect or refufe to
do and perform the fame, according to the
true intent and meaning of this act, fuch per-
fon, on being duly convicted thereof, if not
hereby fubject to the penalty and difqualirica-
feions aforefaid, fhall forfeit and pay the fum
of five hundred dollars for the firft offence,
and a like fum for the fecond offence, and fhall
C 193 3
from thence forward, be rendered incapable
of holding any office of truft or profit under
the United States.
Sec. 30. And be it further enacled, That if Penalty on
any perfon or perfons, mall fwear or affirm to &[fciy, "
any of the matters, herein required to be ve-
rified, knowing the fame to be falfe, fuch per-
fon or perfons mall fuffer the like pains and
penalties as mall be incurred by perfons com-
mitting wilful and corrupt perjury. And if
any perfon or perfons mall forge, counterfeit, on ceun-
erafe, alter or falfify any enrolment, licence, o^faffifv^
certificate, permit, or other document, men- ing enrof-
tioned or required in this act, to be granted ment"
by any officer of the revenue, fuch perfon or
perfons, fo offending, fhall forfeit five hun-
dred dollars.
Sec. 31. And be it further enacled, That if onobiiruc-
any perfon or perfons fhall affault, refill:, ob- ting theex-
n A 1 • / rr- 1 • ecution or
itruct, or hinder any officer in the execution this a<it.
of this act, or of any other ad or law of the
United States, herein mentioned, or of any
of the powers or authorities vefled in him by
this act, or any other act or law, as aforefaid,
all and every perfon and perfons fo offending,
fhall, for every fuch . offence, for which no
other penalty is particularly provided, forfeit
five hundred dollars.
Sec. 32. And be it further enacled, That if on trani-
any licenced fliip or veffel mail be transferred [y^tf fo-"
in whole, or in part, to any perfon, who is not, rdgners,
at the time of fuch transfer, a citizen of, and
refident within the United States, or if any
fuch fhip or veffel, fhall be employed in any
other trade than that for which file is licenced,
or fhall be found with a forged or altered li-
cence, or one granted for any other {hip or
veffel, every fuch fhip or veffel, with her tac-
' Vol. IT. B 2
[ J94 3
kle, apparel and furniture, and the cargo
found on board her, fhall be forfeited.
Sec. 33. Provided neverthelefs, and be it fur-
in wha.1 ca- ther enacted^ That in all cafes where the whole
Hwii be ex- or any part of the lading, or cargo on board,
emptfrom any fhlp or ve(fel, fhall belong bona fide to
iorlClttti'C* r r ill n
any perfon or perlons other than the matter,
owner, or mariners, of fuch fhip or veffel,
and upon which the duties mail have been pre-
vioufly paid or fecured, according to law, fhall
be exempted from any forfeiture under this
act, any thing therein contained to the con-
trary notwithstanding.
Sec. 34. And be it further enacled, That the
edeSnderW" ^ees anc* a^owances f°r tne feveral duties and
this aci. fer vices, to be performed, in virtue of this
act, fhall be as follow \ that is to fay :
For admeafuring every fhip or veffel, in or-
Feesforad del* to the enrolment, or licencing and record-
SpsTr2 ing the fame, if of the burthen of five tons,
veffels. anc[ iefs than twenty tons, fifty cents ; if of
twenty tons, and not exceeding feventy tons,
feventy-five cents ; if above feventy tons, and
not exceeding one hundred tons, one hun-
dred cents; if above one hundred tons, one
hundred and fifty cents :
For every certificate of enrolment, fifty
cents :
"For every endorfement on a certificate of
enrolment twenty cents :
For every licence, and granting the fame,
including the bond, if not exceeding twenty
tons, twenty-five cents ; if above twenty, and
not more than one hundred tons, fifty cents ;
and if more than one hundred tons, one hun-
dred cents :
For every endorfement on a licence, twenty
eents :
I *95 3
For certifying maiifefts, and granting a
permit for a licenced veffel to proceed from
diftricl to diftricl, twenty-five cents, if lefs
than flrty tons, and if above fifty tons, fifty
cents :
For receiving a certified manifeft, and grant-
ing a permit, on the arrival of fuch veffel,
twenty-five cents, if lefs than fifty tons, and
if above fifty tons, fifty cents :
For certifying manifefts, and granting a
permit for a regiftered veffel to proceed from
diftricl to diftricl, one hundred and fifty cents :
For receiving a certified manifefl, and grant-
ing a permit, on the arrival of fuch regiftered
veffel, one hundred and fifty cents :
For granting a permit for a veffel, not be-
longing to a citizen or citizens of the United
States, to proceed from diftricl: to diftricl, and
receiving the manifeft, two hundred cents :
For receiving a manifeft, and granting a
permit, to unload, for fuch laft mentioned
veffel, on her arrival in one diftricl from ano-
ther diftricl, two hundred cents :
For granting a permit for a veffel carrying
on the fifhery, to trade at a foreign port,
twenty- five cents, and for the report ar-d en-
try of any foreign goods imported in fuch vef-
fel, twenty-five cents.
And where a furveyor fhall certify a mani-
feft, or grant a permit, or receive a certified
manifeft and grant a permit, the fees arifing Difpofai of
therefrom fhall be received by him folely for f"8 undcl'
his ufe. And all other fees arifing, by virtue of
this acl, fhall be received, and accounted for,
by the colleclor, or, at his option, by the na-
val-officer, where there is one, and where
there is a colleclor, naval officer, and furvey-
or, fhall be equally divided, monthly, between
the faid officers j and where tt^er, e is no naval
C i9* ]
officer, two thirds to the collector, and the
other third to the furveyor ; and where there
is only a collector, he mall receive the whole
amount thereof; and where there is more than
one furveyor in any diftrict, each of them (hall
receive his proportionable part of fuch fees, as
fhall arife in the port, for which he is appoint-
ed : Provided always. That in all cafes, where
the tonnage of any fhip or veffel, fhall be af-
certained, by any perfon appointed for that
purpofe, fuch perfon (hall be paid a reafonable
compenfation therefor, out of the fees afore-
faid, before any distribution thereof, as afore-
faid ; and every collector and naval officer,
and every furveyor, who fhall refide at a port
where there is no collector, mail caufe to be
affixed, and constantly kept, in fome confpi-
cuous place of his office, a fair table of the rates
of fees, demandable by this act.
Sec. 35. And be it further enaffed, That
IvfehmeT all penalties and forfeitures, which fhall be in-
Low fucd curred bv virtue and force of this act, mall and
101* einci re 1
corered. may be fued for, profecuted and recovered, in
like manner, as penalties and forfeitures, in-
curred by virtue of the act, intitled " An act
to regulate the collection of the duties im-
pofed by law on goods wares and merchan-
dize imported into the United States, and on
the tonnage of mips or vefiels," may be fued
for, profecuted and recovered, and fhall be
appropriated in like manner : Provided always ,
That if any officer, entitled to a part or mare
of any fuch penalty or forfeiture, fhall be ne-
ceffary as a witnefs on the trial for fuch pen-
alty or forfeiture, fuch officer may be a wit-
nefs upon the faid trial ; but in fuch cafe, he
fhall not receive, or be entitled to any part or
fhare of the faid penalty or forfeiture, and the
part or fhare to which he would otherwife have
Penalties &
C *97 ]
been entitled, fhall accrue to the United
States.
Sec. 36. And be it further enacled, That this when this
aft fhall commence and take effect, from and if^*" &
after the laft day of May next, and thence- certain
forth, the aft intitled, " An aft for regifter- repealed.8
ing and clearing veffels, regulating the coafl-
ing trade, and for other purpofes," and alfo,
the aft, intitled, " An act to explain and a-
mend an aft, intitled " An aft for regiftering
and clearing veffels, regulating the coafting
trade, and for other purpofes," (hall be re-
pealed, and ceafe to operate, except as to the
validity of the regifters, records, enrolments
and licences, with the certificates and docu-
ments, which fhall have been done or grant-
ed, in purfuance of thofe afts, prior to the
firft day of June next, which fhall continue to
be of the like force and effect, as if the faid
afts were not repealed ; and except alfo, as
to the profecution, recovery and diftribution.
of, and for fines, penalties and forfeitures,
which may have been incurred, prior to the
firfl day of June next, for which. purpofe like-
wife, the faid afts fhall continue in force.
Sec. 3J. And be it further enabled, That
nothing in this aft, fhall be conflrued to ex- herein" fo
tend to any boat or lighter, not being mailed, "^end^.
or if malted, and not decked, employed in the
harbor of any town or city.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentaii-ves.
JOHN ADAMS, Vice- Prefident of the United
States, and Prefident of the Senate.
Approved, eighteenth of February, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
boats, &c.
[ 193 ]
CHAP T E R IX. .
An Acl providing Compenfation to the Prefident
and Vice-Pnfident of the United States.
E it enacled by the Senate and Houfe of
Reprefentatives of the United States of
America in Congrefs affembled, That from
and after the third day of March in the
gompenfa. Prefent year, the compenfation of the Prefi-
tion to the dent of the United States fhall be at the rate of
&vicee.nt twenty-five thoufand dollars per annum, with
Prefident. the ufe of the furniture and other effects be-
longing to the United States, and now in pof-
feffion of the Prefident : And that of the
Vice-Prefident, at the rate of five thoufand
dollars per annum, in full for their refpedlive
fervices, to be paid quarter-yearly, at the
Treafury.
JONATHAN TRUMBULL, Speaker
of the Houfe cf Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, a?id Prefident of the Senate.
Approved, eighteenth of February, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
C *99 ]
CHAP T E R X.
An Ad to repeal Part of a Refolution of Con-
grefs of the twenty-ninth of Augufi, one thou-
sand feven hundred and eighty-eight, rejpcfl-
ing the Inhabitants of Poft Saint Vincents.
E it enacled by the Senate and Houfe of
Representatives of the United States of Ame- ra)hab;tants
rica in Congrefs affembled, That fo much of the of Pcft st.
refolution of Congrefs of the twenty-ninth of J^SS"
Auguft, one thoufand feven hundred and eigh- from ex-
ty-eight, as requires the French and Canadian ceminfur-
inhabitants, and other fettlers at Port Saint vcys.
Vincents, to pay for the furvey of the feveral
tracls, which they rightfully claimed, and which
had been allotted to them, according to the
laws and ufages of the government, under
which they had fettled, be, and hereby is re-
pealed : And that fuch furveys thereof, as
may have been made, be paid for by the United
States, not exceeding therates hitherto eftablim-
ed by Congrefs for making furveys.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefmtatives.
JOHN ADAMS, Vice- Prefident of the United
States, and Prefident of the Senate.
Approved, February twenty-firft, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
C 200 ]
CHAPTER XI.
An Act to promote the Progrefs of ufeful Arts ;
and to repeal the Ad heretofore made for that
Purpofe.
Sec. i. \y E it enacled by the Senate and
JLJ Houfe of Reprefeniati-ves of the
United States of 'America , in Congrefs ajfe??ibkd,
That when any perfon or perfons being a ci-
tizen or citizens of the United States, lhall al~
tenthowP& ledge that he or they have invented any new
by whom ancj ufeful art, machine, manufacture or com-
poiition of matter, or any new and ufeful im-
provement on any art, machine, manufacture
or compofition of matter, not known or ufed
before the application, and mail prefent a pe-
tition to the Secretary of State, fignifying a
defire of obtaining an exclufive property in the
fame, and praying that a patent may be gran-
ted therefor, it fhall and may be lawful for the
faid Secretary of State, to caufe letters patent
to be made out in the name of the United States ,
bearing teft by the Prefident of the United
States, reciting the allegations and fuggeftions
of the faid petition, and giving a fhort defcrip-
T° ^ca|" tion of the faid invention or difcovery, and
prefident, thereupon granting to fuch petitioner, or pe-
9nd titioners, his, her or their heirs, adminiftrators
or affigns, for a term not exceeding fourteen
years, the full and exclufive right and liberty
of making, conilrudling, ufing and vending
to others to be ufed, the faid invention or
difcovery, which letters patent mall be deli-
vered to the Attorney General of the United
States, to be examined ; who, within fifteen
days after fuch delivery, if he finds the fame
conformable to this acl, fliall certify accord-
[ soi ]
ingly at the foot thereof, and return the fame
to the Secretary of State, who fhall prefent
the letters patent thus certified, to be figned,
and fhall caufe the feal of the United States to
be thereto affixed : and the fame fhall be good
and available to the grantee or grantees, by
force of this ad, and fhall be recorded in a
book, to be kept for that purpofe, in the of-
fice of the Secretary of State, and delivered
to the patentee or his order.
Sec. 2. Provided always, and be it further The uber-
enacled, That any perfon, who fhall have dif- * ?f ***&
j • J r • r ... f an un-
covered an improvement in the principle ©r provcment
any machine, or in the procefs of any compo- defined-
fition of matter, which fhall have been pa-
tented, and fhall have obtained a patent for
fuch improvement, he fhall not be at liberty
to make, ufe or vend the original difcovery,
nor fhall the firfl inventor be at liberty to ufe
the improvement : And it is hereby enacted
and declared, that fimply changing the form
or the proportions of any machine, or com-
pofition of matter, in any degree, fhall not-be
deemed a difcovery.
Sec. 3. And be it further enafted, That every How to
inventor, before he can receive a patent, fhall PJJ^J to
fwear or affirm, that he does verily believe, ten pa-
that he is the true inventor or difcoverer of tenJ'
the art, machine, or improvement, for which
he folicits a patent, which oath or affirmation
may be made before any perfon authorized to
adminifter oaths, and fhall deliver a written
defcription of his invention, and of the man-
ner of ufing, or procefs of compounding the
fame, in fuch full, clear and exa£t terms, as to
diftinguifh the fame from all other things be-
fore known, and to enable any perfon fkilled ra-
the art or fcience, of which it is a branch, or
Vol. II. C 2
t
202
Inventors
may aflign
their titles.
Forfeiture
on ufing
patented
ingestions
without
leave.
with which it is moll nearly connected, to
make, compound, and ufe the fame. And in
the cafe of any machine, he {hall fully explain
the principle, and the feveral modes, in which
he has contemplated the application of that
principle or character, by which it may be dif-
iinguifhed from other inventions ; and he fhall
accompany the whole with drawings and writ-
ten references, where the nature of the cafe
-admits of drawings, or with fpecimens of the
ingredients, and of the compofition of mat-
ter, fufficient in quantity for the purpofe of
experiment, where the invention is of a com-
pofition of matter ; which defcription, figned
by himfelf, and attefted by two witneifes, ihall
}*>& filed in the office of the Secretary of State,
#nd certified copies thereof mall be competent
evidence, in all courts, where any matter or
thing, touching fuch patent-right, fhall come
in queftion. And fuch inventor ihall, more-
over, deliver a model of his machine, provided
the Secretary mail deem fuch model to be lie-
neceffary.
Sec. 4. And be it further enafled*, That it
ihall be lawful for any inventor, his executor
or adminiftrator, to affign the title and intereit
in the faid invention, at any time, and the
affignee having recorded the faid alignment,
in the office of the Secretary of State, fhall
thereafter ftand in the place of the original
inventor, both as to right and refponhbility,
and fo the affignees of affigns, to any degree.
Sec. 5. And be it further enacled^ That if
any perfon fhall make, devife and ufe, or fell
the thing fo invented, the exclufive right of
which fhall, as aforefaid, have been fecured
to any perfon by patent, without the confent
of the patentee, his executors, adminiftratpr*
[ 203 ]
or affigns, firft obtained in writing., evefy per-
fon, fo offending, fhall forfeit and pay to the
patentee, a ftim, that ihall be at leaft equal to
three times the price, for which the patentee
has ufually fold or licenced to other perfons,
the ufe of the faid invention ; which may be How reco^
recovered in an action on the cafe founded on
this ac\ in the circuit court of the United
States, or any other court having competent
jurifeliction.
Sec. 6. Provided always, and be it further uow &'.
enacled, That the defendant in fuch aftion fendant*
ihall be permitted to plead the general iffue*, "hifa&in
and give this act and any fpecial matter, of evidence,
which notice in' writing may have been given
to the plaintiff or his attorney, thirty days be-
fore trial, in evidence, tending to prove, that
the fpecifkation, filed by the plaintiff, does not
contain the whole truth relative to his difco-
very, or that it contains more than is neceifa-
ry to produce the defcribed effect, which con- .
cealment or addition fhall fully appear to have
been made, for the purpofe of deceiving the
public, or that the thing, thus fecured by pa-
tent, was not originally difcovered by the pa-
tentee, but had been in ufe, or had been de-
fcribed in fome public work, anterior to the
fuppoied difcovery of the patentee, or that he
had furreptitiouily obtained a patent for the and judg-
difcoverv of another perfon : in either of P611-^1
which cafes, judgment fhall be rendered for
the defendant, with cofls, and the patent fhall
be declared void.
Sec 7. An d be it further enacled, That where
any ftate before its adoption of the prefent state rights
form of government, fhall have granted an ^^en"
exclufive right to any invention, the party to be deem,
claiming that right, fhall not be capable of ob- cd void^
C 204 ]
How appli-
cations de-
pending
under for-
mer law
{hall be
profecuted
under this
a&.
Proceed-
ings to be
had on in-
terfering
applicati-
ons,
taining an cxclufive right under this aft, but
on relinquifhing his right under fuch particu-
lar ftate, and of fuch relinquifhment, his ob-
taining an exclufive right under this aft fliall
be fufficient evidence.
Sec. 8. And be it further enacled? That the
perfons, whofe applications for patents, were,
at the time of palfing this aft, depending be-
fore the Secretary of State, Secretary at War,
and Attorney General, according to the aft,
paffed the fecond feffion of the firft Congrefs,
intitled, " An aft to promote the progrefs of
ufeful arts," on complying with the condi-
tions of this aft, and paying the fees herein re-
quired, may purfue their refpeftive claims to
a patent under the fame.
Seft. 9. And be it further enacled, That
in cafe of interfering applications, the fame
mall be fubmitted to the arbitration of three
perfons, one of whom (hall be chofen by each
of the applicants, and the third perfon fhall be
appointed by the Secretary of State ; and the
decifion or award of fuch arbitrators, deli-
vered to the Secretary of State, in writing and
fubfcribed by them, or any two of them, fhall
be final, as far as refpefts the granting of the
patent : And if either of the applicants fhall
refufe or fail to choofe an arbitrator, the patent
mall iflue to the oppofite party. And where
there fhall be more than two interfering appli-
cations, and the parties applying fhall not ail
unite in appointing three arbitrators, it fhall be
in the power of the Secretary of State to ap-
point three arbitrators for the purpofe.
Sec. 10. Andbe it further^enacled. That, up-
on oath or affirmation being made, before the
judge of the diftrift court, where the paten-
C 2°5 ]
tee, his executors, adminiftrators or affigns ^ft*"
refide, that any patent, which fhall be iffued fonsfurrep-
in purfuance of this act, was obtained furrep- fr!p?fly .
' • • n r ,c r n.- J • •burning
titiouiiy, or upon ralle luggeihon, and motion patents.
made to the faid court, within three years af-
ter iffuing the faid patent, but not afterwards,
it (hall and may be lawful for the judge of the
laid diftricT: court, if the matter alledged ihall
appear to him to be fufficient, to grant a rule,
that the patentee, or his executor, admini-
strator or affign, mew caufe, why procefsdliould
not iifue againft him to repeal fuch patent.
And if fufficient caufe mall not be (hewn to the
contrary, the rule fhall be made abfolute, and
thereupon theTaid judge ihall order procefs to
be iffued againft fuch patentee, or his execu-
tors, adminiftrators or affigns, with cofts of
fuit. And in cafe, no fufficient caufe fhall be
mewn to the contrary, or if it (hall appear,
that the patentee was not the true inventor or
difcoverer, judgment (hall be rendered by
fuch court for the repeal of fuch patent ; and
if the party, at whofe complaint the procefs
limed, fhall have judgment given,. -againft 'him,
he fhall pay all fuch coils, as the defendant
(hall be put to, in defending the fuit, to be
taxed by the court, and recovered in due courfe
of law.
Sec. ii. And he it further enaSled, That
every inventor, before he prefents his petition Inventor
to the Secretary of State, fignifying his defire before ph~
of obtaining a patent, mall pay into the Trea- tkiongto t
fury thirty dollars, for which he fhall take pay thirty
duplicate receipts;' one of which receipts he to°theStrea-
ihail deliver to the Secretary of State, when ^y-
he prefents his petition : and the money, thus
paid, fhall be in full for the fundry fer vices,
to be performed in the office of the Secretary
fees
[ 2C6 ]
of State, consequent on fuch petition, and fhall
pafs to the account or clerk-hire in that office,
copying Provided nevcrthelefs, That for every copy,
which may be required at the faid office, of
any paper refpefting any patent, that has been
granted, the perfon obtaining fuch copy, mall
pay at the rate of twenty cents, for every
copy-meet of one hundred v/ords, and for every
copy of a drnwing, the party obtaining the
fame, mall pay two dollars : of which pay-
ments, an account mall be rendered, annually,
to the treafury of the United States, and they
'fhall alfo pafs to the account of clerk-hire, in
the office of the Secretary of State.
Sect. 1 2. And be it further enafled, That the
aft, palled the tenth day of April, in the *y ear
one thoufand feven hundred and ninety, in-
titleo!, " An aft to promote the progrefs of
ufeful arts," be, and the fame is hereby re-
pealed. Provided always, That nothing, con-
tained in this aft, mall be conftrued to invali-
date any patent, that may have been granted
under the authority of the faid aft' ; and all
patentees under the faid aft, their executors,
adniinifi;rators and afligns, mall be confidered
within ihe purview of this aft, in refpeft to
the violation- of their rights : Provided, fuch
violations mall be committed, after the palling
of this aft.
■ JONATHAN TRUMBULL, Speaker
of the Honfe of Reprefentaiiv&s.
JOHN ADAMS, Vice-P^fident of ihe United
States, and Prejideni of the Senate.
Approved, February twenty-firft, 1793*:
GEORGE WASHINGTON,
Prejideni of the United States,
OFnrmrr a&
repealed.
C tap. ^
CHAPTER XII.
An Ac! to authorize the Comptroller vf the Trea«
fury to fettle the Account of Thomas Wifhart,
Lite a Lieutenant in the Army of the United
States.
(private,)
C II AFTER XIII.
An Acl to authorize the Adjujiment of a Claim
cfjofeph Henderfun againjlihe United States,
(private.)
C H A P'T E R XIV.
An Acl making Provijion for the Perfons
therein mentioned.
'HERE AS Colonel John Harding, and
Major Alexander Trueman, while
employed in carrying meffages of peace to the
hoftile Indians, were killed by the faid Indians :
BE it enabled by the Senate and Houfe of
Reprcfentaiives of the United States of America^
in Congrcfs ajembled, That four hundred an$ ^ t°^a^*
fifty dollars per annum for feven years, be al- dows .1
lowed to the widow and orphan-children of ;[?o™
the faid Colonel John Harding, and the fum of of j.Har-
three hundred dollars per annum, for the fame Akx.True-
terrri of feven years, to the orphan- children man>
of the faid-Major Alexander Trueman, to com-
mence on the firft'day of July, one thoufand
feven hundred and ninety-two, and to be paid
C 208 ]
half yearly, at the Treafury, to the faid widow,
and to the guardians of the faid orphan-chil-
dren, or to their legal attornies.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, February twenty- feventh, 1793:
GEORGE WASHINGTON,
Prefident of the United States.
ngwpu^^tfyjManili^v iimwm
Duty on
CHAPTER XV.
An Act for repealing the fe-veral bnpofl-Laws of
the United States, fo far as they may be deemed
to impofe a Duty on ufefid Beajls imported for
Breed.
BE // enabled by the Senate and Houfe of Re-
) prefentatives of the United States of Ame-
rica, in Congrefs affetnbled, That the feveral laws
beaftsTm- of the United States, imposing duties on goods,
ported fur wares ancj merchandize imported into the Uni-
breed, to be _ *
repealed, ted States, fo far as they, may be deemed to
impofe a duty on horfes, cattle, meep, fwine
or other iifeful beads, imported into the Uni-
ted States, for breed, fhall be repealed.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate. •»
Approved, February twenty-feventh, 1 793 :
GEORGE WASHINGTON,
Prefident of the United States.
t 209 3
CHAPTER XVL
An Acl in Addition to, and Alteration of the
Acl, intitled, " An A£t to extend the Time]
limited for fettling the Accounts of the United
States with the individual States."
Section 1 •'.■ TO E it ehatled by the Senate and 2& fec„ 0(
J3 Houfe of Reprefentatives of the ?a extend-
United States of America, in Congrefs affembled, o" the
That the fecond fection of the act, intitled, boai»of
i6 An acl: to extend the time limited for fet- fi°n™ 'xz.
tling the accounts of the United States with the pealed,
individual ftates," which extended the pow-
ers of the board of commiffioners to the fet-
dement of the accounts between the United
States and the ftate of Vermont, be and here-
by is repealed,
SeC. 2. And be it further endded, That the V(*mc,nt
board of commiffioners eftablifhed to fettle ™gar°ded'
the accounts between the United States and »? a?Por-
the individual ftates, in apportioning the ag- ESS*' *"
gregate of all the balances due to each ftate,
between the ftates, agreeably to the act, in-
titled, " An ad to provide more effectually
for the fettlement of the accounts between the
United States and the individual- ftates," mail
have no regard to the ftate of Vermont.
Sec. 3. And be it further enacted, That in 'and Ken-%
the apportioning of the balances aforefaid, the Sdld
ftate of Kentucky fhall be deemed to be in- whuvfe.
eluded in the ftate of Virginia, the admiffion £iuia"
Vol. II. D a
[ 2*° 3
of the faid ftate of Kentucky as a member of
the union notwithftanding,
JONATHAN TRUMBULL, Speaker
of the Hcufe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate,
Afproved, February twenty- feventh, 1793 «
GEORGE WASHINGTON,
Prejident of the United States,,
CHAPTER XVII.
An Act to regulate the Claims to Invalid Penfions*
"HE RE AS the aft, palled at the laft
feffion of Congrefs, intitled, " An
acl: to provide for the fettlement of the claims
of Widows and Orphans barred by the limi-
tations heretofore eftablifhed, and to regulate
the claims to Invalid Penfions," is found by
experience inadequate to prevent the admif-
fion of improper claims to invalid penfions,
and not to contain a fufficient facility for the
allowance of fuch as may be well founded i
Therefore,
se&ionsof Sec. i. BE it enaSfed by the Senate and
certain for- }{oufe 0J Reprefentatives of the United States of
pealed. America, in Congrefs affembled, That the fecond3
third and fourth fedtions of the faid a£t, be
repealed, and that in future, all claims to fuch
penfions mall be regulated in, the manner foU
lowing, to wit :
[ 211 ]
Firft: All evidence relative to invalids mall f^'to
be taken upon oath or affirmation, before the invalids
judge of the diftricl, in which fuch invalids k°wtakcn'
refide, or before any three perfons fpecially
authorized by comrniflion from the faid judge.
Secondly : The evidence relative to any
claimant mud prove decifive difability to have
been the effect of known wounds, received
while in the actual line of his duty, in the fer-
vice of the United States, during the late war.
That this evidence mujt be the affidavits of the
commanding officer or furgeon of the fhip,
regiment, corps or company, in which fuch
claimant ferved, or two other credible witnef-
fes, to the fame effect, fetting forth the time
and place of fuc^i known wound.
Thirdly : Every claimant (hall be examined
upon oath or affirmation, by two phyficians or
furgeons, to be authorized by comrniflion
from the faid judge, who mall report, in wri-
ting, their opinion, upon oath or affirmation,
of the nature of the faid difability, and, in
what degree it prevents the claimant from ob?
taining his livelihood by labour.
Fourthly : Every claimant mall produce
evidence of the time of his leaving the fervice
of the United States. He muff alfo produce
evidence of three reputable freeholders of the
city, town or county, in which he ufually.re-
fided, for the two years immediately after he
Isit the fervice, as aforefaid, of the exiftence
of his difability, during that period ; and af-
certaining, of their own knowledge, the mode
of life, employment, labour or means of fup^
port of the claimant.
Fifthly : And the faid claimant muft pro-
duce the evidence of two credible witnefi^
C aia 3
of the continuance of his disability, from the
expiration of the faid two years, to the time
of his application.
Sixthly -: Each claimant muft fhew a good
and fufficient caufe why hej did not apply for
a penfion to the perfon or perfons authorized
to examine his claim on or before the eleventh
of December, one thoufand feven hundred
and eighty-eight, the time limited for applica-
tions of this nature.
Seventhly : No evidence of any claimant
ihall be admitted whofe claim has been exa-
mined and rejected, on or before the aforefaid
eleventh of December, one thoufand feven
hundred and eighty-eight.
Sec. 2. And be it further enafled, That the
DiUrivS: judge of the diftrict mail tranfmit a lift of fuch
judge to claims, accompanied by the evidence herein
lift of directed, to the Secretary for the department
claims to 0f War, in order that the fame may be com-
ae War, pared with the muiter-rolls, and other docu-
ments in his office ; and the faid Secretary (hall
make a ftatement of the cafes of the faid claim-
by whom ants to Gongrefs, with fuch circumftances and
they are to remarks, as may be neceffary, in order to
he ftated to » - ■ / • V i
Congrefs. enable them to take luch order thereon, as
they may judge proper.
Sec. 3. And be it further enaftedj That no
perfon not on the penfion-lift, before the twen-
,fon7fhaii ty-third day of March, one thoufand feven
be entitled hundred and ninety-two, fhall be entitled to a
fion under penfion, who fhall not have complied with
this act j-kg rUles and regulations herein prefcribed j
faving however to all perfons, all and lingular
their rights founded upon legal adjudications
under the act, intitled " An act to provide
for the fettlement of the claims of Widows
and Orphans, barred by the limitation? here-
C 213 ]
tofore eflabliftied, and to regulate the claims Duty of
to invalid penfions ;" But it fnall be the duty J^l
of the Secretary at War, in conjunction with Attorney-
the Attorney-General, to take fuch meafures v -eneraL
as may be neceflary to obtain an adjudication
of the fupreme court of the United States, on
the validity of any fuch rights claimed under
the aft aforefaid, by the determination of cer-
tain perfons flyling themfelves commimoners.
Sec. 4. And be it further enacled, That no Limitation
claim to a penfion mall be allowed under this of ,chirf:
act, which fhall not be prefented within two aa.
years from the palling the fame.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice- Prefident of the United
States, and Prefident of the Senate.
Approved, February twenty-eighth, 1793*
GEORGE WASHINGTON, '
Prefident of the United States.
CHAPTER XVIII.
An Acl making Appropriations for the Support
of Government for the Tear one thoufand fe-
ven hundred and ninety-three.
Sec. 1, ~W3 E it enabled by the Senate and Houfe
Jul °f Reprefentatives of the United
States of America, in Congrefs ajjembled, That
for the fervice of the year one thoufand feven sPecifie.
hundred and ninety-three, there be appropri- J&Hbr
ated a fum of money, not exceeding one mil- ths yew
lion five hundred and eighty-nine thoufand, I7*3'
and forty-four. dollars, and feventy-two cents 3
that is to fay :
For the compenfations granted by law t*-
[ 2i4 ]
Specific ap- the Prefident and Vice-Prefident of the Uni-
propriati-' t.er} States, thirty thoufand dollars : For the
year 179 3. hke compenfations to the members of the Se-
nate and Houfe of Reprefentatives, their offi-
cers and attendants, estimated for a feffion of
fix months continuance, one hundred and for-
ty-three thoufand, five hundred and' ninety-
one dollars : For the falaries of the doorkeep-
ers and affiftant- doorkeepers of the Senate and
Houfe of Reprefentatives, under the acl: for
their compenfation, paffed the twelfth of April,
one thoufand feven hundred and ninety-two,
one thoufand two hundred and thirty-three
dollars, and fixty-eight cents : For the ex-
penfes of firewood, ftationary, printing work,
and all other contingent expenfes of the two
Houfes of Congrefs, nine thoufand five hun-
dred and fifty-two dollars : For making good a
deficiency in the appropriation, in the year one
thoufand feven hundred and ninety-two, for
contingent expenfes in the office of the clerk
of the Houfe of Reprefentatives, five hundred
and feventy-eight dollars : For the compen-
fations granted by law, to the chief jullice,
afFociace judges, diftrifl: judges, and the attor-
ney general, forty-three thoufand two hundred
dollars : For the additional falary of the attor-
ney general, by the acl: of the eighth of May,
one thoufand feven hundred and ninety-two,
two hundred and fixty dollars, and eighty-two
cents : For defraying the expenfe of clerks of
courts, jurors and witneffes, in a*d of the fund
arifing from fines, forfeitures and penalties,
twelve thoufand dollars : For defraying the
expenfes of profecutions for offences againft
the United States, and for the" fafe-keeping of
Drifoners. four thoufand dollars :' For compen-
fation to the fecretary of tfte-'treafury, clerks
C 3I5 ]
and pe'rfons employed in his ofiice, eight .. ,^
thoufand three hundred and fifty dollars : For propriatl
falary of the two principal clerks to the fecre- ons f"r l^e
lary of the treafury, from the eighth of May *
to the thirty-fir!! of December, one thoufand
feven hundred and ninety-two, one thoufand
and forty-three dollars and twenty-eight cents :
For expenfe of ftationary, printing, and all
other contingent expenfes in the office of the
f ecretary of the treafury, five hundred dollars 2
For compenfationto the comptroller of the trea-
fury, clerks and perfons employed in his office.*
nine thoufand four hundred and fifty dollars i
For the encreafed falary of the comptroller*
from the eighth of May to the thirty-firfr. of
December, one thoufand feven hundred and
ninety-two, two hundred and fixty dollars and
eighty-two cents : For expenfe of ftationary?
printing and all other contingent expenfes in
the comptroller's office, fix hundred dollars :
For compenfation to the auditor of the trea-
fury, clerks and perfons employed in his office,
ten thoufand four hundred and fifty dollars :
For the encreafed falary of the auditor, from
the eighth of May to the thirty-firfl of Decem-
ber, one thoufand {even hundred and ninety-
two, two hundred and fixty dollars, and eigh-
ty-two cents : For expenfe of flationary,
printing, and other contingent expenfes, in the
auditor's office, fix hundred dollars : For com-
penfation to the regifter of the treafury, clerks
and perfons employed in his office, eighteen
thoufand fix hundred dollars : For the en-
creafed falary of the regifter of the treafury,
from the eighth of May, to the thirty-firft of
December, one thoufand feven hundred and
ninety- two, three hundred and twenty-fix dol-
lars and three cents, and for making good the
t m 3
r deficiency in the appropriation of one thou-
gfoprkti?" fand feven hundred and ninety-two, one hun-
ons for the cjrecj dollars 5 making, in the whole, four rmn-
9 ' dred and twenty fix dollars and three cents ;
For expenfes of fhtionary, printing and other
contingent expenfes* in the regiflar's office,
two thoufand dollars : For compenfation to
i . the treafurer, clerks and perfons employed
in his office, four thoufand one hundred dol-
lars : For the encreafed falary of the treafurer,
from the eighth of May, to the thirty-firfl of
December, one thoufand feven hundred and
ninety-two* and for making good a deficiency
in the appropriation of the year one thou-
fand feven hundred and ninety-two,' for clerks
in that office, five hundred and thirty dollars
and fixty-eight cents : For expenfe of firewood,
itationary, printing and other contingencies
In the treasurer's office, four hundred and
fifty dollars : For compenfation to the com-
miffioner of the revenue, clerks ancf perfons
employed in his office, four thoufand one hun-
dred dollars : For the falary of the commiffi-
oner of the revenue, clerks and perfons em-
ployed in that office* from the eftablifhment
thereof, to the thirty-firfl of December, one
thoufand feven hundred#nd ninety-two, inclu-
ding alfo contingent expenfes to the fame time9
two thoufand eight hundred and feventy-three
dollars and forty- fix cents : For the expenfe of
Itationary, printing and other contingent ex-
penfes in the office of the commiffioner, three"
hundred dollars :'■ To make good the defici-
ency in the appropriation of the year one
thoufand feven hundred and ninety-two, for
the contingent expenfes of the treafury-depart-
ment, two thoufand four hundred dollars :
For the payment of rent for the feveral houfes
C 217 ]
employed in the treafury department, one S^tj,p4
thoufand four hundred and eighty-nine dollars ons for the
and ninety-nine cents : For wood and candles year I79V
in the feveral offices in the treafury depart-
ment (except the treafurer's office) one thou-
fand two hundred dollars : For compenfations
to the feveral loan officers, thirteen thou-
fand, two hundred and fifty dollars : For de-
fraying the expenfes of ftationary, and for hire
of clerks in the offices of the feveral commifli-
oners of loans, to the firft of March, one
thoufand feven hundred and ninety-three, au-
thorized by the act of the eighth of May, one
thoufand feven hundred and ninety two, thirty
two thoufand feven hundred and twenty-nine
dollars, and ninety-five cents : to make good
deficiencies in former appropriations, for fimi-
lar expenfeSj one thoufand fix hundred and
fifty dollars : For compenfation to the fecreta-
ry of {late, clerks and other perfons employed
in his office, fix thoufand three hundred dol-
lars : For defraying the expenfe of collecting
the laws of the feveral flates, publifhing and
diflributing the laws of Congrefs, and all other
expenfes in the office of the Secretary of State,
one thoufand eight hundred and fifty-one dol-
lars and fixty-feven cents : To make good a
deficiency, in the appropriation of the year one
thoufand feven hundred and ninety-two, for the
contingent expenfes in this office, ninety-three
dollars and thirty-four cents : For compenfa-
tion to the commiffioners for fettlement of the
accounts between the United States, and the
individual Rates, clerks and perfons employed
in their office, fix thoufand fix hundred and
fifty dollars : For defraying the contingent ex-
penfes of the board of commiffioners, four
hundred and feven dollars : For compenfa-
Vol. II. E 2
c »** i
Sv'rkt?* ^ons io tne gOYernorsJ fecrctaries and judges
on» for the of the territory north-weft, and the territory
v**r l7<'/3' fouth of the river Ohio, ten thoufand three
hundred dollars : For expenfes of ftationary,.
office-rent, printing patents for lands, and other
contingent expenfes in both the. laid territo-
ries, feven hundred dollars : For the payment
of the petitions granted to invalids, eighty two
thoufand, two hundred and forty five dollars,
and thirty two cents : For payment of the an-
nual allowance granted by Congrefs to Baron
Steuben, two thoufand five hundred dollars :
For payment of fundry pennons granted by the
late government, two thoufand feven hundred
and fixty feven dollars, and feventy three cents :
For the maintenance and repair of light-houfes,.
beacons, piers, flakes and buoys, twenty thou-
fand dollars : For the farther expenfe of build-
ing and equipping ten cutters, three thoufand
dollars : For the purchafe of hydrometers, for
the ufe of the officers of the eufloms and in-
fpe&ors of the revenue, one thoufand five hun-
dred dollars : To make good the deficiency
in the appropriation of the year one thoufand
feven hundred and ninety-two, for the pur-
chafe of hydrometers, fix hundred and ten do!->
lars, and ten cents : For the payment of fuch
demands, not otherwife provided for, as mall
have been diily allowed by the officers of the
treafury, five thoufand one hundred and fixty
nine dollars : For compenfation to the fecreta-
ry of war, clerks and perfons employed in his
office, feven thoufand and fifty dollars : For
the encreafed falary of the chief clerk in the
war department;) from the eighth of May, to the
shirty- rirft of December, one thoufand feven
hundred and ninety two, one hundred and
thirty dollars and forty one cent? : For expert
C 219 j
Tes of firewood, ft ationary printing and other specific a^
contingent expenfes in the office of the fecre- ons for* the
tary of war, fix hundred dollars : For com- year ,795'
penfation to the accountant to the war-depart-
ment and clerks in his office, four thoufand
two hundred dollars : For falary to the ac-
countant, clerks, and for contingent expenfes
in that office, from the eftablifhment thereof,
to the thirty-firft of December, one thoufand
feven hundred and ninety- two, one thoufand
one hundred and fixty five dollars and eighty
nine cents : For contingent expenfes in the
office of the accountant to the war department,
three hundred dollars: For payment of four
years rent for the buildings occupied for offices
of the fecretary of war and accountant, one
thoufand fix hundred and fixty-fix dollars, and
fixty-fix cents : For falaries of the (iorekeep-
ers at the feveral arfenals, rents for the build-
ings occupied as magazines, for payment of
the laborers, coopers, armorers, and other
perfons employed in taking care of the ord-
nance, arms and military-ftores, feven thou~
■fand eight hundred and thirty-five dollars and
thirty two cents : For five hundred rifles, pur-
chafed in the year one thoufand feven hun-
dred and ninety two3 fix thoufand dollars ;
For expenfe of repairing arms, equipments of
cannon, cartridge-boxes, fwords and every
other article in the ordnance-department, ten
thoufand dollars : For defraying the expen-
fes of the Indian department, fifty thoufand
dollars : For the pay of the troops authorized
by law, three hundred and four thoufand three
hundred and eight dollars : For fubfiftence,
three hundred aud twelve thoufand, five hun-
dred and fixty feven dollars, and feventy-five
•cats r. For forage, thirty four thoufand eight
C 2^0 ]
Out of
hundred and fifty-fix dollars : For clothing, one
hundred and twelve thoufand dollars : For
equipments for cavalry, five thoufand dollars :
For horfes for cavalry, five thoufand dollars :
For hofpital department, twenty-five thoufand
dollars : For quarter-mafter's department, one
hundred thoufand dollars: For maps, hiring
exprefles, allowance to officers for extra-ex-
penfes, printing, lofs of (lores, advertifing, ap-
prehending deferters, and every other contin-
gent expenfe in the war- department, thirty
thoufand dollars : For the defenfive protection
of the frontiers, fifty thoufand dollars : For
the payment of bounties, fifteen thoufand two
hundred and forty dollars.
Sec. 1. And be it further enatled, That
hat funds the feveral appropriations herein before made
payable, ^jj ^e p^j ancj discharged out of the funds
following, to wit :
Firft : The fum of fix hundred thoufand
dollars referved by the aft making provifion
for the debt of the United States. Secondly,
The furplus, which may remain unexpended,
of the monies appropriated for the ufe of the
war-department, in the year one thoufand fe-
ven hundred and ninety-two : And, thirdly,
The furplus of the exifting revenues of the Uni-
ted States, to the end of the year one thou-
fand feven hundred and ninety-three, except
what may be otherwife appropriated, during
. the prefent feffion of Congrefs.
Sec. 3. And be it further enacled, That
the Prefident of the United States be autho-
rized to borrow, on account of the faid ftates,
any fum or fums, not exceeding, in the whole,
eight hundred thoufand dollars, at a rate of
Interefl not exceeding five per centum per an-
Prcfident
may bor-
row not
exceeding
800.000
dpllars.
C 221 ]
num, and reimburfable at the pleafure of the 0n wliat
United States, to be applied for the purpofes 0t whom,
aforefaid, and to be repaid out of the faid fur-
plus of the duties on imports and tonnage, to
the end of the prefent year, one thoufand fe-
ven hundred and ninety-three : And that it
fhall be lawful for the bank of the United
States to lend the faid fum. And the Prefident
of the United States fhall caufefb much of the
loan, made of the bank of the United States,
purfuant to the eleventh feclion of the act, by ofuTe bank
which it is incorporated, to be paid off, in funis ho™ l° be
not lefs than fifty thoufand dollars, as, in his pa
opinion, the ftate of the treafury may, from
time to time, admit, out of any monies, which
may be in the treafury, having due regard to
the exigencies of government, and the appro-
priations made and to be made by law-
JONATHAN TRUMBULL, Speaker
of the Houfe ofReprefentaiives.
JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
Approved, February twenty- eighth, 1793 3
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XIX,
Jin Aft to regulate Trade and Intercourfe with
the Indian Tribes.
f repealed. )
Fas lit
courts of
admiralty
or rwari •
Of the at
toraies.
t »« 3
CHAPTER XI.
An Acl to ofcertain the Fees in Admiralty pro-,
ceedings in the Dijlricl Courts of the United
States, and for other Purpofcs.
Se£t. I •TO E it enailed by the Senate and Houfe
.13 of Reprefentatives of the United
States of America, in Congrefs ajfembled, That
from and after the firft day of May next, there
mall not be taxed or adjudged to any officer
tjtffejorif- or other perfon, anv greater or other fee or
liabiiibcd. reward, lor, or in relpeci of any iervice to be
done or performed in any of the diflrict courts
of the United States, in cafes of admiralty or
maritime jurifdi&ion, than fuch as is herein
after fpecified ; that is to fay :
Fees of the CouvfsUor or Attorney in the dijlricl
court hi admiralty and maritime proceedings.
The Hated fee for drawing and exhibiting
libel, claim or anfwer in each caufe, three
dollars ;
Drawing interrogatories, three dollars ;
And all other fervices in any one caufe,
three dollars.
Sec. i. Fees of the clerk of the dijlricl courts
in admiralty and maritime cavfes.
For drawing every ftipulaticn, procefs, mo-
nition or fubpoena, for each meet, containing
ninety words, fifteen cents.
And for engrofiing each meet, ten cents ;
Entering the return of procefs, fifteen cents;
Filing every libel, claim, pleading, or other
paper, fix cents.;
Copies of the pleadings, interrogatories*
depofitions and exhibits, when required, for
each meat of ninety words, ten cents ;
Tecs of the
C '223 ]
Entering each proclamation, fifteen cents ;
Entering each default, twelve cents ;
Entering every rule of court, fifteen cents ;
Examining each witnefs, and drawing his
depofition, for each (lieet containing ninety
words, fifteen cents ;
Certifying each exhibit or writing fhewn to
a witneis, at his examination, twenty- five
cents ;
Drawing every decree, or decretal order,
for each fheet containing ninety words, fifteen
cents j
And for entering the fame in the minutes,
for each fheet, as aforefaid, ten cents ;
For drawing a record, or making a copy of
the proceedings, for each meet containing
ninety words, fifteen cents;
But no pleading, depofition, exhibit, or
other writing, to be inferted therein verbatim,,
cr in hssc verba, mail be imputed as. any garL
of fuch draft.
Entering a record in the regifkr, or en-
gr offing or copying proceedings or records to
be fealed or exemplified, for each meet of nine-
ty words, including all the pleadings, depoii-
tions, exhibits and writings inferted therein^
1 ten cents ;
Every certificate, twenty cents ;
Entering return of appraifement or lales*
for each meet of ninety words, ten cents ;
Affixing the feal to any paper, when re-
quired, twenty-five cents ;
Drawing commifSon to examine witneffes*
jfor each fheet containing niaetv words* Sateen
1 cents ;
clerki.
L 224 ]
And for engrofling the fame, if on parch-
ment, including the parchment, twenty cents ;
And if on paper, for each meet of ninety
words, ten cents ;
Swearing each witnefs in court, ten cents ;
For every entry or writing not mentioned
or defcribed, fuch allowance mall be taxed, as
for fimilar fervices herein mentioned.
All money depofited in court, one and a
quarter per cent.
of the Sec. 3. Fees of the marjhal in the difkritl court,
marfliak. in admiralty and maritime caufes.
For fummoning every witnefs or appraifer,
fifteen cents ;
Making each proclamation, fifteen cents ;
Serving every capias, attachment or fum*
rnons, one dollar and fifty cents ;
Travelling each mile, going only, either to
ferve procefs, or fubpcena witneffes, ten cents ;
Cuflody fees of a veflel, for each day, one
dollar and fifty cents :
Sales, for any fum under five hundred dol-
lars, two and an half per cent ; and for any
larger fum, one and a quarter per cent, upon
the excefs.
Sec. 4. And be it further enacfed, That
to attend- there be allowed and taxed in the fupreme,
ants on fo- circuit and diftricl courts of the United States,
cuiTS dif- in favour of the parties obtaining judgments
tr*a courts therein, fucli compenfation for their travel
how to be , 1 , r • i
afcertained. and attendance, and tor attormes and coun-
fellors* fees, except in the diftrict courts in
cafes of admiralty and maritime jurifdiction.
as are allowed in the fupreme or fuperior
courts of the refpe&ve dates.
C 225 ]
Sec. 5. And be it further enacled, That Limitation
this act fhall continue and be in force for the otthu *a.
term of one year, and from thence until the
end of the next feffion of Congrefs thereafter,
and no longer.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN ADAMS, Vice -Preftdent of the United
States, and Preftdent of the Senate.
Approved, March firfl, 1793 :
GEORGE WASHINGTON,
Preftdent of the United States.
C H A P T E R XXI.
An Ad making an Appropriation to defray the
Expenfe of a Treaty with the' Indians North*.
Weji of the Ohio.
(expired.)
wwmvuiMMm/-
CHAPTER XXII.
An Act in addition to the Acl, intitled, " An Aft
to ejiablifh the Judicial Courts of the United
States.'*
Seel:. 1 ."13 E it enacled by the Senate and Houfe
JD of Reprefentatives of the United Attendance
States of America, in Congrefs affembled, That of one fu-
the attendance of only one of the juftices of f^™e at a
the fupreme court, at the feveral circuit courts circuit
of the United States, to be hereafter held, JJSffiSS
Vol. II. F 2
[ 216 J
Except in
co-tain ca-
fes.
iha.II be fufKcient, any law requiring the at-
tendance of two of the faid juftices notwith-
ftanding : Provided, That it fhall be lawful
for the fupreme court, in cafes where fpecial
circumftances fhall, in their judgment, render
the fame neceffary, to aftign two of the faid
juftices to attend the circuit court or courts,
and it fhall be the duty of the juftices fo affign-
ed,to attend accordingly. And provided alfo,
That when only one judge of the fupreme
court fhall attend any circuit court, and the
diftricl: judge fhall be abfent, or fhall have
been of counfel, or be concerned in intereft in
any caufe, then pending, fuch circuit court
may confift of the faid judge of the fupreme
court alone.
Sec. 2. < And be it further enacled, That if at
any time only one judge of the fupreme court,
and the judge of the diftricl: fhall fit in a cir-
cuit court, and upon a final hearing of a caufe,
or of a plea to the jurifdi&ion of the court,
they fhall be divided in opinion, it fhall be con-
tinued to the fucceeding court ; and if upon
the fecond hearing when a different judge of
the fupreme court fhall be prefent, a like di-
vision (hall take place, the diftricl; judge ad-
hering to his former opinion, judgment fhall
be- rendered in conformity to the opinion of
the prefi ding judge.
Sec. 3. And be it further enacted, That-
fcpSne* tne fupreme court, or when the fupreme court
:ourtmay (hail hot ■ be fitting, any one of the juftices
tu&Siis thereof, together with the judge of the diftricl
ofcirottk within which a fpecial fefhon, as hereafter au-
SdE.eri- thorized', fhall be holden, may diredt fpecial
imnaicau- feffions of the circuit courts to be holden for
file trial of criminal caules, at any convenient^
Pule for
giving
judgment
ill circuit
courts in
certain
ca-
cour
di
. » C 227 1
place within the diftricl:, nearer to the place
where the offences may be faid to be comn/iit-
ted, than the place or places, appointed by
law for the ordinary feffions : That the clerk
of fuch circuit court fhall, at lead thirty days dene in
before the commencement of fuch fpecial fef- fucl> c*fia»
fion, caule the time and place for holding the
fame, to be notified for at leaft three weeks
fucceffively, in one or more of the news-pa-
pers publifhed neareft to the place where the
ieffion is to be holden : That all procefs, writs
and recognizances of every kind, whether re- /
fpecling juries, witneffes, bail or otherwife,
which relate to the cafes to be tried at the faid
fpecial feffions, mall be confidered as belong-
ing to fuch feffions, in the fame manner as if
they had been iffued or taken in reference
thereto : That any fpecial feffion may be ad-
journed to anytime or times previous to the fuch fern-
next ftated meeting of the circuit court : That 2'dSSi*
all bufmefs depending for trial at any fpecial
court, lliall at the clofe thereof be confidered
as of courfe removed to t.he next ftated term
of the circuit court : And that the d^ftrict
courts of Maine and Kentucky, ffiall have like pr-;v;ie(les
power to hold fpecial feffions for the trial of granted to
criminal caufes, as hath been heretofore given, Coum of
or is hereby given to the circuit courts, fub- Maine and
je& to the like regulations and reftri&ions. t"t!!|cy"
Sec. 4. And be it further enacled, That bail Bail for ap-
for appearance in any court of the United pearanee
0i • • , - . ,,, . .. ., ;. by whom
btates, m any criminal caule in wmch bail is v^ca,
by law allowed, may be taken by any judge of
the United States, any chancellor, judge of a
fupreme or fuperior court, or chief or firfl
judge of a court of common pleas of any ftate,
ex mayor of a city in either of them, and by
[ 228 ]
any perfon having authority from a circuit
court, or the diftricT: courts of Maine or Ken-
tucky to take bail ; which authority, revoca-
ble at the discretion of fuch court, any circuit
court or either of the diltrift courts of Maine
or Kentucky, may give to one or more difcreet
perfons, learned in the law, in any diftricl for
which fuch court is holden, where, from the
extent of the diftrift, and remotenefs of its
parts from the ufual refidence of any of the
before-named officers, fuch provifion fhall, in
the opinion of the court, be necefTary. Provi-
ded, That nothing herein fhall be conftrued to
extend to taking bail in any cafe where the pu-
niQiment for the offence may be death ; nor
to abridge any power heretofore given by the
laws of the United States, to any description
of perfons to take bail.
Sec. 5. And be it further enacled, That writs
of ne exeat and of injunction may be granted
by whom by any judge of the fupreme court in cafes
SantS. wnere they might be granted by the fupreme
or a circuit court ; but no writ of ne exeat
fhall be granted unlefs a fuit in equity be com-
menced, and fatisfa&ory proof mail be made
to the court or judge granting the fame, that
the defendant defigns quickly to depart from
the United States ; nor fhall a writ of injunc-
tion be granted to flay proceedings in any court
of a ftate; nor fhall fuch writ be granted in any
cafe without reafonable previous notice to the
adverfe party, or his attorney, of the time
and place of moving for the fame.
Sec. 6. And be it further emitted, Thatfub-
pcenas for witneffes who may be required to
fbr wTtocff- attend a court of the United States in any
es how far diftricTh thereof, may run into any other dii-
t0 «te*i. tria. . prQvidecf3 $gat jn civil caujes, the. wit-
.And writs
oi' ne exeat
[ 229 ]
nefies living out of the difirict in which the
court is holden, do not live at a greater diflance
than one hundred miles from the place of
holding the fame.
Sec. 7. And be it further enacled, That it Co„rts to
mail be lawful for the feveral courts of the make rules
United States, from time to time, as occafion |"r "^J*
may require, to make rules and orders for &c.
their refpective courts, directing the returning
of writs and proceffes, the riling of declara-
tions and other pleadings, the taking of rules,
the entering and making up judgments by
default and other matters in the vacation and
otherwife in a manner not repugnant to the
laws of the United States to regulate the prac-
tice of the faid courts refpectively, as mail be
fit and neceflary for the advancement of juftice
and efpecially to that end to prevent delays in ,
proceedings.
Sec. 8. And be it further enacled, That where
it is now required by the laws of any ftate, that
goods taken in execution on a writ of fieri faci- of""fieri fa
as, fhall be appraifed, previous to the fale there- fias how,to
r • n 11 i 1 r 1 r 1 -r • be appraii-
oi, it ihali be lawful tor the appraifers appoint- ed.
«d under the authority of the ftate, to appraife
goods taken in execution,, on a fieri facias ifTued
out of any court of the United States, in the
fame manner as if fuch writ had ilfued out of
a court held under the authority of the ftate ;
and it mall be the duty of the marmal, in
whofe cuflody fuch goods may be, to fummon
the appraifers, in like manner, as the merit! is
by the laws of the ftate required to fummon
them : and the appraifers mall be entitled to
the like fees, as in cafes of appraifements un-
der the laws of the ftate : and if the appraifers,
^ .being duly fummoned, (hall fail to attend and
oods ta-
ken on writ
C 230 ]
perform the duties required of them, the mar-
shal may proceed to fell fuch goods without
an appraifement.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Prefident pro
tempore of the Senate.
Approved, March fecond, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XXIII.
An Acl to alter the Times and Places of holding
the Circuit Courts, in the Eafiern Di/lricl,
and in North-Carolina, and for other Pur*
pofes.
Sec. 1. TT|> E it enacted by the Senate and
j[3 Houfe of Reprefentatives of the
XJyiiied States of America, in Congrefs affembled.,
That the fpring circuit courts of the eaftern
Times for diftricl:, inft ead of being held at the times and
fpH«g ci'ri places now eftablifhed by law for holding the
cuke of eaf- fame, mall from henceforth, be held at the
.& n. caro- times and places following reipechveiy, narae-
*iaa alter- }y ; for the diftrift of New- York, at New-
York, on the fifth day of April ; for the dif-
Irid of Connecticut, at New-Haven, on the
twenty-fifth day of April ; for the diftrict. of
Vermont, at Windfor and Bennington alter-
nately, beginning at the nrft, on the twelfth
day of May ; for the diftricl of New-Hamp-
fhire, at Portfmouth, on the twenty-feventh
day of May ; for the diftrict of Maflachufetts,
at Bofton, on the feventh day of June ; and
for the diftricl: of Rhode-Ifland, at Newport,
on the nineteenth day of June. And if any
of the laid days fhall happen on a Sunday, the
courts, refpeclively, {hall commence and be
holden on the day following. And all caufes
now pending in the faid courts, and all ap-
peals, proceffes and recognizances returned, or
returnable to the fame, and all officers, jurors,
parties and witnelfes, fhall be conformable to
this act;
Sec. 2. A?idbe it further enafled. That from
and after the expiration of the femon of the n. daroii-
circuit court of the ftate of North-Carolina, na circuit
which is to commence on the firft day of June June wh«c
next (which femon fhall be held, any thing in t9 be hcMi
this acl notwithftanding, at Ncwbern) the {ra-
ted feffions of the laid court fhall be held at
Wake court-houfe, either in the court-houfe
belonging to the faid county, or in fome con-
venient building contiguous thereto, until
there fhall be convenient accommodations for
the faid purpofe in the city of Raleigh, in the
faid ftate ; after which, and upon its being
made fo to appear to the faid court, the faid
court is hereby authorized and directed at the
clofe of the feflion then depending, to adjourn
the faid court to meet at its next Hated femon
in the city of Raleigh ; which faid city of
Raleigh mail thereafter be the place at which
the flated ieffions of the faid court fhall be
eonftantly held.
Sec. 3. And be it further enabled, Inafmuch
as there was not a fufficient quorum of judges Diftriifr
to hold the circuit court for the diftricl of Jrudge, of :*
. r r t • Carolina
North-Carolina, for the purpofe of doing bufi- how to
nefs, at November term, one thoufand feven have .yary'
7 iii « ' men mm-
hundred and ninety-two, that it fhall and may moned fop
be lawful for the diftricl: judge of the ftate oF{^une
North- Carolina, to direel the clerk of the faid
C 232 ]
Difh-ia court to iiTue fuch procefs for the purpofe of
tUdhavc°u- navmg jurymen fummoned to attend the faid
rymenfum- court, at the term to commence on the firft
S^aroiT- ^ay °^ June next> as ne na(^ before iflued for
na, the like purpofe, returnable to November term
above mentioned ; that the jurymen ordered
by the faid procefs to be fummoned, (hall be
ordered to be fummoned in the fame propor-
tion, and from the fame counties, as thofe ju-
rymen who were ordered to be fummoned by
the procefs returnable at November term above
mentioned : And the marihal is to execute the
faid procefs, and the jurymen legally fummon-
ed in confequence thereof, are to attend the
faid court, under the like penalties for difobe-
dience, as if the faid procefs had been ordered
to be iifued as ufual by the faid court ; and
the rnarfhal and the jurymen, who attend at
the faid court, {Rail be entitled to the like al-
lowance for their fervices refpectively. And it
is hereby declared, that all fuits and proceed-
ings of what nature or kind foever, which
have been commenced in the laid court, and
not fmifhed, fhali be proceeded on at the en-
fuing term, in the fame manner and to the
fame effect, as if the faid circuit court had
been regularly held at November term as
aforefaid, and continuances had been regular-
ly held of all fuch fuits and proceedings from
the faid laft-mentioned term to the enfuing
term.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Prefident pro
tempore of the Senate.
Approved, March fecond, 1793 :
GEORGE WASHINGTON,
Prefident of the United States
C 233 ]
CHAPTER XXIV.
An Aft fupplementary to the Aft, intitled, " An
Aft to provide more effeftually for the Collection
of the Duties impofed by Law on Goods, Wares,
and Merchandize imported into the United
States, and on the Tonnage of Ships or Vejfels."
Sec. 1 . IO E # enafted by the Senate and Houfe
J|3 of Reprefentatives of the United Hard wick
States of America, in Congrefs affembled, That e^Sfd
there ihall be in the ftate of Georgia, a dif- a.diftria.
trict, to be called the diftrict of Hardwick, to
comprehend all the waters, mores, bays, har-
bours, creeks, and rivers, between the ibuth
point of Offabow ifland, and the fouth point
©f Warfaw Ifland ; that in the faid diftricl: the
town of Hardwick mall be the only port of one port of
entry, and a collector for faid diftrict mall be therein &
appointed to refide at Hardwick, and the faid a coiiea«r.
collector mail be entitled to receive the like
fees, and the fame yearly allowance which is
paid to the collector of the diftricl: of St. Ma-
ry's in the faid (late.
Sec. 2. And be it further enafted, That fo
much of Lake Champlain, with the mores, inN/vork
bays and rivers connected therewith as lieth eftabu&ed
within the ftate of New- York, fhall be one a
entire diftrict, to be called the diftrict of
Champlain ; and the Prefident of the United
States, be, and hereby is authorifed to ap-
point fuch place within faid diftrict to be the
port of entry and delivef y within the fame as
he may deem expedient ; and a collector for p fid '
the faid diftrict (hall be appointed to refide at to appoint
fuch place within faid diftrict as the Prefi- PQ" of ,
• « n i« r> {■ entry ana
dent of the United States mail direct, who Coiie<aor
ihall be allowed the fame fees as are allowed therein-
the collector in the diilfict of Vermont : Pro*
Vol. II. G 2
C 234 ]
Allowance
to collec-
tors of Ver-
mont &
Champlain
after June
next;
and to the
collectors
of Pennf.
N. York,
Eoflon,
Charlef-
town &
Baltimore.
vided never thelefs , That the exception contain-
ed in the fixty-ninth feclion of the act above-
mentioned, relative to the diftrict of Louif-
viile, mall be, and hereby is extended to the
diftrict of Champlain.
Sec. 3. And be it further enncled, That from
and after the lad day of June next, the collec-
tors in the diPiricls of Vermont and Champlain,
in addition to the fees and emoluments which
may accrue to them in the collection of the
duties of imparl and tonnage by the provifions
already made, lhall feverally have and be en-
titled to receive the yearly fum of one hun-
dred dollars each.
Sec. 4. And be it farther enabled, That from
and after the lait day of June next, the allow-
ance of one half per centum to the collectors
of the diftricts of Pennfylvania and of the city
of New- York, and the allowance of one per
centum to the collectors of the diftricts of Bof-
ton and Charleftown, and of Baltimore, on
the amount of all the monies by them reflec-
tively received, on amount of the duties of
impoft and tonnage, fball ceafe, and inftead
thereof, from and after the faid lafl day of June
next, the collectors of the diftricts of Penn-
fylvania, and of the city of New- York, fhall
be entitled to three-eighths of one per centum,
and the collectors of the diftricts of Bolton
and Charleftown, and of Baltimore, lhall be
entitled to three-fourths of one per centum,
on all fuch monies by them refpectively re-
ceived.
Sec. 5. And be it further enabled, That from
and after the firfl day of January next, no of-
ficer of the cuftoms, or other perfon employ-
ed under the authority of the United States,
C ns ]
in the collection of the duties impofed by law Forfeiture
j i u J* i. J • on revenue
on goods, wares and merchandize imported in- otriCcr3
to the United States, and on the tonnage of "yirngany.
mips or veffels, mall own, in whole or in part, f^fscA, ai-"
any (hip or veffel, or act as agent, attorney or ter lft Jan-
confignee for the owner or owners of any fhip I794'
or veffel, or of any cargo or lading on board
the fame : Nor mall any officer of the cuftoms,
or other perfon employed in the collection of
the duties as aforefaid, import, or be concern-
ed directly or indirectly in the importation of
any goods, wares or merchandize into the
United States, on penalty that every perfon
fo offending and being thereof convicted, fliall
forfeit the* fum of five hundred dollars,
Sec. 6. Arid be it further enacled, That fo And iafec.
much of the twelfth lection of an act, intitled, ofcvc5rt,?m
" An act making alterations m the treafury as affe&s
and war departments, as reftricted all officers the f^?°"
J- ' • i lal ol their
of the United. States employed. in the collec- intereftia
tion of the duties impofed by law on goods, ^^"J
wares and merchandize imported into the
United States, aria on the tonnage of (hips or
veffels, from buying -or difpofmg of the funds
or debts of the United. States, or of any flate,
or of any public ■ property , of either, be and
the fame is hereby repealed ; fo far as the
fame prohibits them- from difpofing, of their
intereft in the funds or debts of the United
States, or of any- of the faid dates. .
Sec. 7. And be it further entitled, That the Prefident
Prendent of the Unfed States may, if he fliall ^ in"
. , . , . , „ -'.,-.•. n .. create ma-
judge it conducive to "the puolic intereit, m- riners to
creafe the complement of mariners to the fe- the cutters*
veral revenue cutters, fo that the number do
not exceed feven mariners to each cutter ; and ,
that from and after the- fir ft day of April next.
[ -3« 3
Allowance there be allowed, in lieu of the compenfations
the officers now eftablilhed, to the matter of each reve-
&T/tal llue cutter? f°rty dollars per month, and the
April. fubfiftence of a captain in the army of the
United States ; to a firfl mate, twenty* fix dol-
lars per momh; to a fecond mate, twenty dol-
lars per month ; to a third mate, eighteen
dollars per month ; to every mate, the fubfif;'
tence of a lieutenant of the faid army ; and to
each mariner, not exceeding ten dollars per
month, to be paid by the collectors of the re-
venue, who mail be defignated for that pur-
pofe : And, that the Secretary of the Treafury
be, and he is hereby authorized to contract
for the fupply of rations for the officers and
men of the laid cutters, on fuch terms, as
fhall, from time to time, appear reafonable,
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Pref dent pro
tempore of the Senate.
Approved, March fecond, 1793 :
GEORGE WASHINGTON,
Prejident of the United States.
CHAPTER XXV.
An Ac! providing for the Payment of the Firfi
Inflalment due on a Loan_ made of the Bank
of the United States.
E it enacled by the Senate and Houfe of
Reprefentatives of the United States of
America, in Congrefs affembled, That the Pre-
[ m J
fident of the United States be, and he hereby P«Ment
i»ii j i may api''y
is authorized and empowered to apply two certain
hundred thoufand dollars, of the monies which monies
may have been borrowed, in purfuance of the
fourth faction of the act, intitled, " An act F°J*^J
making provifion for the reduction of the pub- to Bank of
lie debt," in payment of the firft inflalment, u-s-
due to the bank of the United States, upon a
loan made of the faid bank, in purfuance of
the eleventh fection of the act for incorpo-
rating the fubferibers to the faid bank.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHNLANGDON, Prefident pro
tempore of the Senate.
Approved, March fecond, 1793 :
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XXVI.
An Acl for extending the Time for receiving on
Loan that Part of the Domestic Debt of the
United States, which may not be fubferibed,
prior to the firft Day of March, one thoufand
feven hundred and ninety-three.
(expired.)
[ ^ 3
CHAPTER XXVII.
An A Si fupplementary to the Ad for the Ejla-
blifhment and Support of Light-Houfes, Bea-
cons, Buoys and public Piers.
Sec. i. "S3 E it enacledby the Senate and Houfe
JI3 °f Reprefentatives of the United
States of America, in Congrefs affembled, That
all expenfes, which mall accrue from the firft
day of July next inclufively, for the necefiary
fupport, maintenance and repairs of all light-
houfo, &c. noufes? beacons, buoys, the ftakeage of chan-
cxpenfes nels on the fea-coaft, and public piers, mall
them togbT contmue to be defrayed by the United States,
defrayed by until the firft day of July, in the year one
S[iy ? 7941 thoufand feven hundred and ninety-four, not-
withftanding fuch light-houfes, beacons, or
public piers, with the lands and tenements
thereunto belonging, and the jurifdiclion of
the fame, mail not, in the mean time, be ceded
to, or veiled in the United States, by the ftate-
or Hates refpe&ively, in which the fame may
' be : and that the faid time be further allowed
to the ftates refpeclively, to make fuch ceffion.
reta §0,0.. 1. And be it further enabled, That the
of Treafn- Secretary of the Treafury be authorized and
rT to place dire&ed to caufe a floating; beacon or buoy to
beacons in . . \ o ... . t j
the chela- be provided and placed on Smith s point flioal,
I^SiinaN' m *he Chefapeak bay, and a beacon or float-
ing buoy at the fouth-weft ftraddle on. the
Royal-fhoal, near Ocracoke inlet, in North-
Carolina.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Prefident pre
tempore of the Senate.
Approved, March fecond, 1793 :
GEORGE WASHINGTON,
Prefident of the United States,
[ 239 ]
CHAPTER XXVIII.
An Ac! providing an annual Allowance for the
Education of Hugh Mercer.
E it enacled by the Senate and Houfe of
Reprefentathes of the United States of
America, in Congrefs ajfembled, That the an- foreJu "an-
nual allowance to be made for the education on of Hugh
of Hugh Mercer, fon of the late general Mer-
cer, purfuant to the refolution of the former
Congrefs of the date of the eighth of April
one thoufand feven hundred and feventy-feven,
mail be four hundred dollars from the time
for which he has been laft paid until his edu-
cation fhall be finilhed, or he fhall arrive at
the age of twenty-one years. And that the
Comptroller of the Treafury be authorized to
revife and fettle the account of the faid Hugh ^owle
Mercer for his penfion to the prefent time ; fettle his
the balance of which, as alfo the annual allow- ^c011111,
ances aforefaid, as they fhall become due, fhall
be paid to his guardian at the treafury.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Prefident pr@
tempore of the Senate.
Approved, March fecond, 1793:
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XXIX.
An Acl for the Relief of Elijah Bojlwick.
C 24o ]
CHAPTER XXX.
An Acl making certain Appropriations therein
mentioned.
E // enabled by the Senate and Honfe of Re-
prefentatives of the United States of Ame-
rica, in Congrefs ajfembled, That there be ap-
Appropri- propriated to the purpofes herein-after men-
Sn'monies tioned, to be paid out of any monies, which
for defray- fhall come into the treafury of the United
fpfciH^de- States, to the end of the 'prefent year, (not
mands. proceeding from the duties on imports and
tonnage) and not heretofore appropriated, and
out of the furplus of any of the duties of im-
port and tonnage, which may accrue, during
the prefent year, the fum of fifty-nine thou-
fand one hundred and feven dollars, and forty-
one cents :
For purchafing two lots of ground, with
the buildings thereon, and for erecting other
buildings, and purchafing fundry materials and
necefTaries for the ufe of the mint, twelve
thoufand and feventy-nine dollars, and feven-
ty-eight cents : for the falaries of the officers
of the mint, from the firfl day of July to the
thirty- firft day of December, one thoufand
feven hundred and ninety-two, two thoufand
fix hundred and ninety- four dollars, and eighty-
eight cents : for the falary of the following
officers of the mint, for the year one thou-
fand feven hundred and ninety-three ; the di-
rector, two thoufand dollars ; the affayer, fif-
teen hundred dollars ; the chief coiner, fif-
teen hundred dollars ; the engraver, twelve
hundred dollars ; the treafurer, twelve hun-
dred dollars ; three clerks, five hundred dol-
lars each, fifteen hundred dollars: for de-
fraying the expenfes of workmen, for the year
C 241 3
oils thoufand feven hundred and ninety-three, AppropH*
a fum not exceeding two thoufand fix hun- ^'')n {.0E
dred dollars : for defraying the expenfes of certain
bringing to the feat of government, the votes fPet>fic de=
of the eleclofs in the feveral ftates, for Prefi-
dent and Vice-Prefident, a fum not exceeding
one thoufand four hundred and ninety- nine
dollars : for difcharging the claim of Return
Jonathan Meigs, and the legal reprefentatives
of Ghriitopher Greene, the fum of four hun-
dred dollars : for the pay, fubfiftence and
forage due to Winthrop Sargent, as adjutant
general to the troops late under the command of
general St. Clair, five hundred and iixty-nine
dollars, and forty- five cents : for paying Dun-
lap and Claypoole^ for printing performed un-
der the direction of a committee of the conven-
tion oftheUnited States, four hundred and twen-
ty dollars i for defraying certain extra-expen-
ies of the doorkeeper of the Houfe of Reprefen-
tatives, and for clerk-hire j and allowance to
witneffes attending the late committee appoin-
ted to inquire into the failure of the expedi-
tion under general St. Clair, four hundred dol-
lars : for paying the principal clerk to the
Secretary of the Senate, for his fervices, from
the firft of July to the fourth of November,
one thoufand feven hundred and ninety two$
one hundred and twenty feven days, at three
dollars per day, three hundred and eighty-one
dollars : for paying the fame clerk for his fer-
vices, for fix months, over and above his
former allowance, five hundred and forty-fe-
ven dollars and fifty cents : for fix months
additional pay to the engroffing clerk, three
hundred and fixty five dollars : for extra-fer-
vices of the door-keeper, during the prefent
feffion, ninety-one dollars and fifty cents :
Vol. II. H 2
[ 242 ]
Appropri- £or defraying the expenfe attending the flating
ations tor , . -J, . © l p £r
Seiraying and printing the public accounts, m puriuance
cf|taJ1.fre' of the order of the Houfe of Representatives,
mands. of the thirtieth of December, one thoufand
feven hundred and ninety-one, a fum not ex-
ceeding eight hundred dollars : for paying
the account of the truftees of Wilmington
public grammar-fchool and academy, two
thoufand five hundred and fifty- three dollars,-
and iixty-four cents : to make good fo much
deficient in the appropriation of the year one
thoufand {even hundred and ninety-one, for
defraying the expenfes of light-houfes, bea-
cons, buoys and public piers, a fum not ex-
ceeding nine hundred and fifty- five dollars and
fixty-fix cents : for building a light-houfe on
Montok point, a fum not exceeding twenty
thoufand dollars : for completing the light-
Iioufe on Bald-head, at the mouth of Cape
Fear river, two thoufand dollars : for the fa=
laries of clerks, not exceeding three, to be em-
ployed in the office of the commiffiorier o£
the revenue, at the rate of five hundred dol-
lars per annum, fifteen hundred dollars i for
defraying the expenfe of books and printing,
incident to tne afts for recording the regifher-
ihg of fhips or veffels, and enrolling and licen-
fmg veffels employed in the coafling trade^
three hundred and fifty dollars.
JONATHAN TRUMBULL, Speaker
of the Houfe of Reprefentatives.
JOHN LANGDON, Prefident prt
tempore of the Senate*
Approved, March fecond, 1793°
GJORGE WASHINGTON,
Fref\d§nt of the United States^
[ M$ 3
CHAPTER XXXI.
Aji Acl making Addition to the Compenfation of
certain public Officers.
E it enacled by the Senate and lioufe of
Reprefentatives of the United States of
America, in Congrefs affembled^ That there be annual al-
lowed to the Auditor of the Treafury, the i°wa?ce to
fum of five hundred dollars \ to the Commif- cers of the
fioner of the Revenue, the fum of five hun- Tre*hiry°
dred dollars ; to the Comptroller of the Trea-
fury, the fum of two hundred and fifty dol-
lars, and to the Regifter of the Treafury, the
fum of two hundred and fifty dollars, per an-^
num, in addition to the compenfation already
allowed to them refpeclively, to commence on
the firft day of April next, payable in like ,
manner as the prefent compensations are pays
able*
JONATHAN TRUMBULL, Speaker
of the lioufe of Reprefentatives.
JOHN LANGDON, Prefident pro
tempore of the Senate*
Approved, March fecond, 1793:
GEORGE WASHINGTON,
Prefident of the United States.
_ ««. <£$. ,
CHAPTER XXXII,
Acl for the Relief of Simeon Thayer,
(private A
'". " " ' ". .u'iVii" ■■ i i iii j i ' '"*T'T"
THE
E A T I E
MADE BY THE
UNITED STATES
o p
WITH
Other Nations.
ii »i 111. i.. mill.
TREATY
O F
AMITY AND COMMERCE
CONCLUDED BETWEEN
His Majefty the King of Sweden
AND THE
UNITED STATES OF NORTH-AMERICA,
nfcetest- it
*CMtm<fmmxtpanLMtm.LwmLi\\j\*!L£'±irj^j*>wmfm&*mumrKmt*v3
TRANSLATION OF THE
TREATY of AMITY and COMMERCE,
concluded between his Majejly the King of
Sweden and the United States of North-
America,
THE King of Sweden, of the Goths and
Vandals, &*c. &c. &c. and the Thirteen
United States of North-America ; to wit :
New-Hampfhire, MafTachufetts-Bay, Rhode-
Ifland, Connecticut, New- York, New-Jerfey,
Penhfylvania, the counties of New-Cafile,
Kent and Suffex on Delaware, Maryland, Vir-
ginia, North-Carolina, South-Carolina, and
Georgia, defiring to eftablifh, in a ftable and
permanent manner, the rules which ought to
be obferved relative to the correfpondence and
commerce which the two parties have judged
iieceffary to eftablifh between their relpeftive
countries, ftates and fubje&s ; his Majefty and
the United States have thought that they could
not better accomplifh that end, than by taking
for a bails of their arrangements the mutual
intereft and advantage of both nations, there-
by avoiding all thofe burthenfome preferences,
which are ufuaily fources of debate, embarraff-
ment and difcontent, and by leaving each par-
ty at liberty to make, refpe&ing navigation
and commerce, thofe interior regulations which
ihall be moil convenient to itfelf.
With this view, his Majefty the King of
Sweden has nominated and appointed for his
plenipotentiary Count Guftavus Philip de
Creutz, his ambaffador extraordinary to his
Moil Chriftian Majefty, and knight com-
mander of his orders ; and the United States,
on their part, have fully empowered Benja-
ORIGINAL.
TRAITE D'AMITIE et de COMMERCE,
Conclu entrefa Majefte le Roi de Suede et les
Etats Unis de /'Amerique Septentrionale.
E Roi de Suede des Goths et des Van-
dales, &c. &c. &c. et les treize Etats
Unis de PAmeriqUe Septentrionale, fcavoir,
New-Hampfhire, Maflfachufetts-Bay, Rhode-
Ifland, Connecticut, New- York, New-Jerfey?
Penfylvanie, les comtes deNew-Caftle, de Kent
et de Suffex fur la Delaware, Maryland, Vir-
ginie, Caroline Septentrionale, Caroline Meri-
Sionale, et Georgie, defirant d'etablir d'une
maniere ftable et permanente les regies qui
doivent etre fuivies relativement a la corref-
pondance et au commerce que les deux par-
ties ont jug€ neceflaire de fixer entre leurs pays,
etats et fujets refpe&ifs, fa Majefte et les Etats
Unis ont cru ne pouvoir mieux remplir ce but
qu'en pofant pour bafe de leurs arrangemens^
1'utilite et Pavantage reciproques des deux na-
tions, en evitant toutes les preferences onereu-
fes qui font ordinairement une fource de dif-
cuffions, d'embarras et de mecontenternents j
et en laiffant a chaque partie la liberte de faire
au fujet du commerce et de la navigation, les
reglemens interieurs qui feront a. fa conve-
nance.
Dans cette vue fa Majefte le Roi de Suede
a nomine et conftitue pour fon plenipotentiaire
le Comte Guftave Philippe de Creutz, fon am-
baffadeur extraordinaire pres fa Majefte tres
Chretienne et Chevalier commandeur de fes
ordres ; et les Etats Unis ont de leur cote
pourvu de leurs pleinpouvoirs le Sieur Benja~
'Vol, II, I %
[ 25° ]
imin Franklin, their minifter plenipotentiary
to his Moll Chriftian Majefty '. the laid pleni-
potentiaries, alter exchanging their full pow-
ers, and after mature deliberation in confe-
quence thereof, have agreed upon, concluded
and figned the following articles :
ARTICLE I.
Teacc and There mall be a firm, inviolable and uhiver-
friendfhip jfaj peace and a true and fmcere friendmip be-
Between r 7 7 ,_. r o » ? • i t-'r
the two tween the King or Sweden, his heirs and iuc-
ijRtions. ceffofs, and the United States of America,
and the lubje&s of his Majefty , and thofe of
the iaid States, and between the countries5
iflands, cities, and towns fituated under the ju-
rifdiclion of the King and of the faid United
States, without any exception of perfons or
places ; and the conditions agreed to in this
prefent treaty, fhall be perpetual and perma-
nent between the King, his heirs and fuccef-
fors, and the faid United States*
ARTICLE IL
The King and the United States' engage
mutually, not to grant hereafter any particu-
lar favour to other nations in refped to com-
merce and navigation, which mail not imme-
diately become common to the other party,
who fhall enjoy the fame favour freely, if the
conceffion was freely made, or on allowing
the fame compensation, if the conceffion was
conditional.
ARTICLE IIL
•Subjects of The fubiecls of the Kins: of Sweden malt
Sweden in- J-, , ° .
titled to not pay m the ports, havens,, roads, countries*
the lame iflands, cities and towns of the United States,
privileges . . „ . ,
in u. s. as or in either or them, any other nor greater
themofHa- duties or impofts of what nature foever they
&ea, may be, than thofe which the moft favoured
Me it her
party to
grant fa-
vours to
other na-
tions that
iliall not
become
common to
the other
party.
[ 2Si 3
mm .Franklin, leur miniftre plenipotentiaire:
pres fa Majefte tres Chretienne ; les quelss
plenipotentiaires apres avoir echange leurs
pleinpouvoirs et en confequence d'une mure?
■deliberation ciit arrete, conclu, et figne les ar*
•tides fuivants.
ARTICLE I.
II y aura une paix ferme, inviolable et uni~
verfelle et une amitie vraie et fincere entre le.
Roi de Suede, fes heritiers et fucceffeurs, et en-
tre les Etats Unis de PAmerique, ainfi qu'en-
tre les fujets de fa Majefte et ceux des dits
Etats, comme auffi entre les pays, ifles, villes
et places, fituees fous la jurisdiction du Roi,,,
et des dits Etats Unis, -fans exception aucune
de perfonnes et de lieux ; les conditions fti«*
pulees dans le prefent traite devant etre per-
petuelles et permanentes entre le Roi, fes he-*
ritiers et fuccefleurs et les dits Jitats Unis.
ARTICLE H«
T Le Roi et les Etats Unis s'engagent mutu«
ellement a n'accorder par la fuite aucune fa~
veur particuliere en fait de commerce et de
navigation a d'autres nations, qui ne devienn*x
auffitot commune a 1'autre partie ; et celle-
ci jouira de cette faveur gratuitement fi la
conceffion eft gratuite ; ou en accordant Ja
■merae compenfation fi la conceffion eft condi~
tiondie,
ARTICLE III.
!Les fujets du Roi de Suede ne pay eront dans
lies ports, havres, rades, contrees, iiles, villes
et places des Etats Unis, ou dans aucun d'-
iceux, d'autres ni de plus grants droits et
iimpots de quelque nature qu'ils^uiflent etre,
Ique ceux que les nations les jhus favorifeea
C 25* 1
nations are or mall be obliged to pay ; and
they fhall enjoy all the rights, liberties, privi-
leges, immunities and exemptions in trade,
navigation and commerce whicfi the faid na-
tions do or mall enjoy, whether in palling
from one pert to another of the United States,
or in going to or from the fame, from or to
any part of the world whatever,
ARTICLE IV.
. The fubiefts and inhabitants of the faid
Citizens of . •> .
u s. inti- United btates lhall not pay m the ports, ha-
fame°rivi vens» roads, iflands, cities and towns under
leges in the dominion of the King of Sweden, any
Ihemoiih 9tner or greater duties or impofts of what na-
voured na ture foever they may be, or by what name
tion. foever called, than thofe which the nioft fa-
voured nations are or fhall be obliged to pay ;
and they "Hrvall enjoy all the rights, liberties, pri-
vileges, immunities and exemptions in trade,
navigation and commerce which the faid na-
tions do or fhall enjoy, whether in paffing from
one port to another of the dominion of his
faid Majefty, or in going to or from the fame*,
from or to any part of the world whatever.
ARTICLE V.
Liberty of There fhall be granted a full, perfect and
&c.fe-nCe' entire liberty of confcience to the inhabitants
cured. and fubjefts of each party, and no p&rfon mall
be molefted on account of his worfhip, pro-
vided he fubmits fo far as regards the public
demonftration of it to the laws of the country.
Moreover, liberty fhall be granted, when any
of the fubjecls or inhabitants of either party
•die in the territory of the other, to bury them
in convenient and decent places, which fhall
be affigned fo* the purpofej and the two con-,
C 153 1
font ou feront tenues de payer ; et ils jouiront
tie tous les droits, liberte's, privileges, immu-
nites et exemptions en fait de negoce, naviga-
tion et de commerce dont jouiflent ou jouiront
les dites nations, foit en palfant d'un port a
1/autre des dits Etats, foit en y allant ou en
revenant de quelque partie ou pour quelque
partie du monde que ce foit.
ARTICLE IV.
Les fujets et habitants des dits Etats Unis
ne payeront dans les ports, havres, rades, ifles,
villes et places de la domination du Roi de
Suede, d'autres ni de plus grands droits 011
impots, de quelque nature qu'ils puiffent etre
>et quelque nom qu'ils puiffent a voir \ que ceux
que les nations les plus favorifees font ou fe~
ront tenues de payer ; et ils jouiront de tous
les droits, libertes, privileges, immunites, et
exemptions en fait de negoce, navigation et
commerce dont jouilfent ou jouiront les dites
nations, foit en paifant d'un port a un autre
de la domination de fa dite Majefte, foit en y
allant ou en revenant de quelque partie du
monde ou pour quelque partie du nionde qua
ce foit.
ARTICLE V.
II fera accorde une pleine, parfaite et entiere
liberte de confeience aux habitants et fujets de
chaque partie, et perfonne ne fera raolefte a
l'egard de fon cuke, moyennant qu'il fe fou~
mette, quant a la demonftration publique, aux
loix du pays, De plus on permettra aux habi-
tans et fujets de chaque partie, qui decedent
dans le territoire de Paatre partie, d'etre en-
terres dans les endroks coirv enables et decents
qui feront aiilgnes a cet c les deux puil-
lances coatractantes pourvoirojit chacune dans
L 254 ]
trading parties will provide each in its ju
diction, that the fubjects and inhabitants re-
spectively may obtain certificates of the deaths
in cafe the delivery of them is required*
' ARTICLE VL
The fubjecl:s of the contracting parties in
Say aSf- ^le re*pe&ve ftates, may freely difpofe of their
pofeof goods and effects either by teftament, dona-
°;m3 tionor otherwife, in favour of fuch perfons as
jnay re- they think proper % and their heirs in whatever
SShe;r P^e toey ^a^ re^d€? maii receive the fuc-
ceffion even ab jntejiato, either in perfon or by
their attorney, without having occafion to
take out letters of naturalization, Thefe in-
heritances, as well as the capitals and effec~bs?.
which the mbjecls of the two parties, in chang-
ing their abode, (hall be defirous of remov-
ing from the place of their abode, mall be ex-
empted from all duty called • " droit de detract
iion" on the part of the government of the
two ftates refpe&ively. But it is at the fame
time agreed, that nothing contained in this
article mall in any manner derogate from the
ordinances publifhed in ' Sweden againft emi-
grations, or which may hereafter be publifhed,
which mall remain in full force and vigour.
The- United States on their part, or any of
them, fhall be at liberty to make refpeclin^
this matter, fuch laws as they think proper,
ARTICLE VII.
Liberty for All and every the fubjecls and inhabitants
r^T^l" of the kingdom of Sweden, as well as thofe of
ty to tiaoc o * - - ■-.
•with a n.i- the United States, mall be permitted to navi-
SiThriS" gate w*th the"" vefi"£js *n all fafety and freedom a
other, and without any regard to thofe to whom the
~T~~ merchandizes and cargoes may belong, from
any port whatever ; and the fubjects and in,-
C *55 1
fa jurifdi&ion, a ce que les fujets et habitant
refpettifs puiiTent obteiiir les certificats de
mort en cas qu'il foit requis de les livrer.
ARTICLE VI.
Les fujets des parties contraclantes pour-
torit dans les etats refpeclifs difpofer librernent
de Ieurs fonds et biens, foit par teftament, do-
nation ou autrement en faveur de telles psr-
fonnes que bon leur femblera, et kurs heritiers
dans quelque endroit ou ils demeureront, pour-
ront recevoir ces fucceffions, meme abinieftaio^,
foit en perfonne, foit par un procureur, fans
qu'ils aient befoin d'obtenir des lettres de na-
turalifation. Ces heritages, atiffi bien que les
capitaux et fonds que les fujets des deux par-
ties, en changeant de demeure, voudront faire
fortir de r endroit de leur domicile, feront ex-
emts de tout droit de detraction, de la part du
gouvernement des -deux etats refpe&ifs. Mais
il eft convenu en meme terns, que le contenu
de cet article ne derogera en aucune maniere
aux ordonnances promulguees en Suede cen-
tre les emigrations, ou qui pourront par la fuite
ctre promulguees, les quelles demeureront
dans toute leur force et vigueur. Les Etats
Unis de leur cote, ou aucun d'entre eux, feront
libres de ftatuer fur cette matiere telle ioiqu'ik
jugeront a propos.
ARTICLE VIL
II ferapermis a tous et un chacun des fujets
et habitans du Royaume de Suede, ainu qu*
a ceux des Etats Unis, de naviguer avec Ieurs
batimens en toute furete et liberte, et fans dii-
tinclion de ceux a qui les marchandifes et Ieurs
ehargemens appartiendront, de quelque port
que ce foit. II fera permis egalement aux m~
habitants of the two ftates fliall likewife be
permitted to fail and trade with their veffels,
and with the fame liberty and fafety to fre-
quent the places, ports and havens of powers,,
enemies to both or either of the contracting
parties, without being in any wife molefled or
troubled, and to carry on a commerce not
only directly from the ports of an enemy to a
neutral port, but even from one port of ah
enemy to another port of an enemy, whether
it be under the jurifdiction of the fame or of
different princes. And as it is acknowledged
by this treaty, with refpedr. to fhips and mer-
chandizes, that free mips fliall make the mer-
chandizes free, and that every thing which
Free fliins c- •
make free ^H be on board of fhips belonging to fub-
goods; ex- jecTts of the one or the other of the contracting
traband ar- parties, fhall be confidered as free, even though
tides. fne carg0 or a part of it mould belong to the
enemies of one or both ; it is neverthelefs pro-
vided, that contraband goods fhall always be
excepted ; which being intercepted, fhall be
proceeded againfl according to the fpirit of
the following articles. It is likeWife agreed,
that the fame liberty be extended to perfons
who may be on board a free fhip, with this ef-
fect, that although they be enemies to both or |
f- either of the parties, they fhall not be taken
out of the free fhip, unlefs they are foldiers
in the aftual fervice of the faid enemies.
ARTICLE VIII.
This liber- This liberty of navigation and commerce
toaOkinds ^a^ exten^ to a^ kinds of merchandizes, ex-
of mer- cept thofe only which are expreiTed in the fol-
rxce^'con- l°wmg article, and are diftinguiihed by the
waband. " name of contraband goods.
[ *57 J
jets et h&bitans des deux Etats de naviguer et
de negocier avec leurs vaiffeaux et marchan-
difes, et de frequenter avec la meme Iiberte et
furete, les places, ports et havres des puiffan-
ces ennemies des deux parties contraclantes,
ou de l'une> d'elles, fans etre aucunement *n-
quiete's ni troubles, et de faire le commerce non
feulement directement des ports de l'ennemi
a un port neutre, mais. encore d'un port enne- {
mi a un autre port ennemi ; foit qu'il fe trouve
fous la jurifdiclion d'un meme ou de differents
princes. Et comme il eft re9U par le prefenr.
traite par rapport aux navires et aux marchan-
difes, que les vaiffeaux libres rendront les
marchandifes libres, et que Ton regardera com-
me libre tout ce qui fera abord des navires ap-
partenants aux fujets d'une ou de l'autre des
parties contraclantes, quand meme le charge-
ment, ou partie d'icelui appartiendroit aux en-
nemis de l'une des deux ; bien entendu nean-
moins que les marchandifes de contrebande fe-
ront toujours exceptees ; les quelles etant in-
terceptees, il fera procede conformement a
1'efprit des articles fuivants. Il eft egalement
convenu que cette meme iiberte s'etendra aux
perfonnes qui naviguent fur un vaiffeau libre ;
de maniere que quoi qu'elles foient ennemies
des deux parties ou de l'une d'eiles, elles ne
feront point tirees du vailfeau libre, fi ce n'eft
que ce fuffent des gens de guerre a&uellement
au fervice des dits ennemis.
ARTICLE VIII.
Cette Iiberte de navigation et de commerce
s'etendra a toutes fortes de marchandifes, a la
referve feulement de celles qui font exprimees
dans l' article fuivant et defignees fous le nom.
de marchandifes de contrebande.
Vol. II. K 2
[ =58 3
ARTICLE IX.
what Under the name of contraband or prohibi-
bc°dccmcd te^ goods, mail be comprehended arms, great
contra- guns, cannon balls, arquebufes, mufkets, mor-
tars, bombs, petards, granadces, fauciffes,
pitch balls, carriages for ordnance, mufket
refts, bandoleers, cannon powder, matches, falt-
petre, fulphur, bullets, pikes, fabres, fwords,
lorions, helmets, cuiraifes, halberds, javelins,
piftols and their holders, belts, bayonets,
horfes with their harnefs, andallother likekinds
of arms and inflruments of war for the ufe of
troops.
ARTICLE X.
what Thefe which follow fhall not be reckoned in
lot beflu11 the number of prohibited goods ; that is to
deemed fay : All forts of cloths, and all other manu-
baii?" faclures of wool, flax, filk, cotton or any
other materials, all kinds of wearing apparel,
together with the things of which they are
commonly made, gold, filver coined or un-
coined, brafs, iron, lead, copper, latten, coals,
wheat, barley, and all forts of corn or pulfe,
tobacco, all kinds of fpices, faked and fmoked
flem, falted fifh, chcefe, butter, beer, oil,
wines, fugar, all forts of fait and provisions
which ferve for the nourifhment and fufle-
nance of man, all kinds of cotton, hemp, flax,
tar, pitch, ropes, cables, fails, fail-cloth, an^
- chors, and any parts of anchors, fhip-mafts,
- planks, boards, beams, and all forts of trees
and other things proper for building or re-
pairing mips ; nor fh-all any goods be consi-
dered as contraband, which have not been
worked into the form of any inftrument or
thing for the purpofe of war by land or by fea,
much lefs fuch as have been prepared or
wrcughjt up for any other ufe : all which (hall
C 259 ]
ARTICLE IX.
On comprendra fous ce nom de marchan-
iifes de contrebande ou defendues, les armes,
canons, boulets, arquebufes, moufquets, mor-
tiers, bombes, petards, grenades, fauciffes,
cercles poiffe's, affuts, fourchettes, bandou-
Iieres3 poudre a canon, meches, falpetre, fouf-
fre, balles, piques, fabres, epe'es, morions,
cafques, cuiraffes, halbardes, javelines, pifto-
lets et leurs fourreaux, baudriers, bayonettes,
chevaux avec leurs harnois, et tous autres fem-
blables genres d'armes et d'mftrumenfs de
guerre fervant aFufage des troupes.
ARTICLE X.
On lie mettra point au nombre des marchan-
difes defendues celles qui fuivent, fcavoir,
outes fortes des draps, et tous autres ouvrages
de manufactures de laine, de lin, de foye, d.e
co ton et de toute autre matiere, tout genre
d'hahillenient avec les chofes qui fervent ordi-
nairement a les faire ; Or, argent monnoye
ou non monnoye, etain, fer, plom£>, cuivre,
laiton, charbon a fourneau,bled, orge, et toute
autre forte de grains et de legumes, la nicotiane,
vulgairement appellee tabac, toutes fortes d'a-
romates, chairs felees et fumees, poiffons fales,
fromage et beurre, bierre', huile, vins, fucres,
toutes fortes de fels et de provifions fervant a la
nourriture et a la fubfiftance des hommes ; tous
genres de coton, chanvre, lin, poix, tant liquide
que feche, cordages, cables, voiles, toiles, pro-
pres a faire des voiles, ancres et parties d'ancres
quelles qu'elles puiffent etre, mats cle navire,
plaaches, madriers, poutres et toute forte d'
arbres, et toutes autres chofes necefTaires pour
conftruire ou pour radouber les vaiffeaux. On
ne regardera pas non plus comme marehandife:>
de contrebande, celles qui n'auront pas pi'is la
[ 26o ]
be reckoned free goods, as like-wife all others
which are not comprehended and particularly
mentioned in the foregoing article ; fo that
they mall not by any pretended interpretation
be comprehended among prohibited or con-
traband goods; on the contrary, they may
be freely tranfported by the fubjects of the
King and of the United States, even to places
belonging to an enemy, fuch places only ex-
cepted as are befieged, blocked or inverted,
and thofe places only fhall be confidered as
fuch, which are nearly furrounded by one of
the belligerent powers.
ARTICLE XI,
J:i cafe of In order to avoid and prevent on both fides
Rnd\'dTeL a^ difputes and diicord, it is agreed, that in
to be fur- cafe one of the parties mall be engaged in a
fea-ietters war, the fhips arid veifeis belonging to the fub-
and certifi- jecls or inhabitants of the other fhall be fur-
nifhed wkh fea-letters or pafTports, expreffing
the name, property and port of the yeffeJ, and
alio the name and place of abode of the maftcr
or commander of the faid veifel, in order that
it may thereby appear that the faid veffel real-
ly and truly belongs to the fubjects of the one
or the other party. Thefe pa'ffp.orts, which fhall
be drawn up in good and due form, mall be
renewed every time the veffel returns home in
the courfe of a year. It is alfo agreed, that
the faid veffels when loaded fhall be provided
not only with fea-letters, but alfo with certi-
ficates containing a particular account of the
cargo, the place from which the veffel failed.
[ 2&'l. ]
forme de quelque inftrument ou attirail, fer-
vant a l'ufage de la guerre fur terre ou fur rner ;
encore moms celles qui font preparees ou tra-
vaillees pour tout autre ufage. Toutes ces
chofes feront cenfe.es marchandifes libres, de
meme que toutes celles qui ne font point com-
prifes et -fpecialement deiignees dans l'article
precedent, de forte qu'elles ne pourront fous
aucune interpretation pretendue d'icelles, etre
comprifes fous les effets prohibes, ou de con-
trebande ; au contraire elles pourront etre
librement tranfportees par les 'fujets du Roi et
des Etats Unis, meme dans les lieux ennemis,
excepte feu lament dans les places afliegees,
bloque'cs ou invefties; et pour telles, feront
tenues uniquement les places entourees de
pre s par quelqu'une des puiflances bellige-
rantes.
i ARTICLE XL
Ann d'ecarter et de prevenir de part et
d'autre toutes fortes de difcufiions et de dif-
corde, il a etc convenu que dans le cas ou
l'une des deux parties fe trouveroit engag'ee
dans une guerre, les vaiifeaux et batimens ap-
pertenants aux fujets ou habitans de Fautre
devront etre munis de lettres de mer ou palfe-
ports, exprimant le riom, la propriete et le
port du navire, ainfl que le nom et la demeure
du maitre ou commandant du dit vaiffeau afin
qu'il apparoiffe par-la, que le dit vaiffeau ap-
partient reellement et veritablement aux fujets
de Tune ou de l'autre partie. Ces palfeports
qui feront dreffes et expedies en due et bonne
forme, devront egalement etre renouvelles
toutes les fois que le vaiffeau revient chez lui
dans le cours de l'an. II ell encore convenu
que ces dits vaiffeaux charges devront etre
pourvus non feulement de lettres de mer, mais
[ 262 J
and that of her deftination, in order that it
may be known whether they carry any of the
prohibited or contraband merchandizes, men-
tioned in the 9th article of the prefent treaty ;
which certificates mall be made out by the
officers of the place from which the veffel mail
depart.
ARTICLE XII.
Although the veffels of the one and of the
Veffeis if other party may navigate freely and with all
required fafety, as is explained in the 7th article, they
bitthdr" ^11 never thelefs be bound at all times when
fea-fctters required, to exhibit as well on the high fea as
and certifi- A i rr , ,r ° ,
cates. ni port, their paiiports and certificates above-
mentioned. And not having contraband mer-
ifnocon- - diandize on board for an enemy's port, they
goods,' may inay freely and without hindrance purfue their
pais. voyage to the place of their deftination. Never-
thelefs, the exhibition of papers mail not be
demanded of merchant-mips under the convoy
of veffels of war, but credit (hall be given to
the word of the officer commanding the con-
voy.
ARTICLE XIII.
Mode of If 0n producing the faid certificates, it be
FiTcafV: "S difcovered that the veffel carries fome of the
contraband goods which are declared to be prohibited or
dtfeovered. contraband, and which are configned to an
enemy's port, it (hall not however be lawful
to break up the hatches of fuch fhips, nor to
open any cheft, coffers, packs, cafks or veffels,
nor to remove or difplace the fmalleft part of
the merchandizes, until the cargo has been
landed in the prefence of officers appointed
for the purpofe, and until an inventory thereof
has been taken ; nor fhall it be lawful to fell,
exchange or alienate the cargo or any part
[ ^3 ]
audi cle certifkats contenant les details de la
cargaifon, le lieu d'ou le vaifkau ell parti et
celui de fa deftination, afin que Ton puiffe
connoitre s'ils ne portent aucune des marchan-
difes defendues ou de contrebarxde fpeciiiees
dans Particle 9 .du prefenf traite, lefquels
certificats feront egalement expedies par les
officiers du lieu d'ou le vaiffeau fortira.
ARTICLE XII.
Quoique les vaifieaux de 1'une et de 1' autre
partie po-urront naviguer librement et avee
toute furete cornme il eft explique a Particle
7, ils feront neanmoins tenus toutes les fois
qu'on Pexigeraj d'exhiber tant en pleine mer
que dans les ports, leurs paffeports et certificats
cy-deffus mentionnes. Et n'ayant pas charge
des marchandifes de contrebande pour un port
ennemi, ils pourront librement et fans em-
pecbemait pourfuivre leur voyage vers le lieu
de leur deitination. Cependant on n'aura
point le droit de demander l'exhibition des
papiers aux navires marchands convoyes par
des vauTeaux de guerre ; mais on ajoutera foi
a la parole de l'officier commandant le convoi.
ARTICLE XIII.
Si en produifant les dits certificats il eft
decouvert que -le navire porte quelques uns de
ces effets qui font declares prohibes ou de
contrebande, et qui font confignes pour un
port ennemi, il ne fera cependant pas pennis
de rompre les ecoutiiles des dits navires, ni
d'ouvrir aucune caiffe, corTre, malle, ballot
et tonneau, ou d'en deplacer, ni d'en detour-
ner la moindre partie des marchandifes, jufqu*
a ce que la cargaifon ait ete mife a terre en
prefence des officiers prepofe's a cet effet, et
que l'inventaire en ait ete fait. Encore ne
fera-t-il pas permis de vendre, echanger ou ali-
[ 264 ]
thereof, until legal procefs fhall have been
had againft the prohibited merchandizes, and
fentence fhall have palfed declaring .them lia-
ble to confutation, faving neverthelefs as well
the mips themfelves, as the other merchan-
dizes which mall have been found therein,
which by virtue of this prefent treaty are to
be efteemed free, and which are not to be de-
tained on pretence of their having been loaded
with prohibited merchandize, and much lefs
confifcated as lawful prize. And in cafe the
contraband merchandize be only apart of the
cargo, and the mafter of the veffel agrees, con-
fents and offers to deliver them to the veffel
that has difcovered them, in that cafe the lat-
ter, after receiving the merchandizes which are
good prize, fhall immediately let the veffel go,
and (hall not by any means hinder her from
purfuing her voyage to the place of her defli-
nation. When a veffel is taken and brought
into any of the ports of the contracting par-
ties, if upon examination me be found to be
loaded only with merchandizes declared to be
free, the owner or he who has made the prize,
fhall be bound to pay all cofts and damages
to the mailer of the veffel unjuftly detained.
ARTICLE XIV.
Goods It is likewife agreed that whatever fhall be
found in an found to be laden by the fubjecls of either of
SpHabie tfie two contracting parties, on a fhip belong-
to be «>n- jng t0 the enemies of the other party, the
ftft^ut to whole effects, although not of the number of
board be- thofe declared contra band, fhall be confifcated
rSnof1" as if they belonged to the enemy, excepting
war, or neverthelefs fuch goods and merchandizes as
wonshs af- were put on board before the declaration of
'rr' war, and even fix months after the • declare
C ^5 1
efier la cargaifon ou quelque partle d'icelle?
avant qu'on aura procede legalement au fujet
des marchandifes prohibees et qu'elles auront
ete declarees confifcables par fentence; a la
referve neanmoins, taut des navires meme que
des autre s marchandifes qui y auront ete trou-
vees et qui en vertu du prefent traite doivent
etre cenfees libres ; lesquelles ne peuvent etre
retenues fous pretexte qu'elles ont ete char-
gees avec des marchandifes defendues, et en-
core moins etre confifquees comme une prife
legitime. Et fuppofe que les dites marchan-
diies de contrebande, ne faifant qu'une partie
de la charge, le patron du navire agreat, con-
fentit et offrit de les livrer au vahTeau qui les
aura decouvertes ; en ce cas, celui-cy, apres.
avoir recu les marchandifes, de bonne prife,
fera tenu de lajifer aller auffitot le batiment,
et ne Pempechera en aucune maniere de
pourfuivre fa route vers le lieu de fa deftina-
tion. Tout navire pris et amene dans un des
ports des parties contrac~tantes, fous pretexte
de contrebande, qui fe trouve par la vifite faite
n'etre charge que de marchandifes declarees
libres, l'armateur ou celui qui aura fait la prife,
fera tenu de payer tous les frais et dommages
au patron du navire retenu injuftement.
ARTICLE XIV.
On eft egalement convenu que tout ce qui
fe trouvera charge par les fujets d'une des
deux parties dans un vahTeau appartenant aux
ennemis de Pautre partie, fera confifque en
en tier, quoique ces effets ne foient pas au nom-
bre de ceux declares de contrebande, comme
fi ces effets appartenoien.t a l'ennemi meme ;
a Perception neanmoins des effets et marchan-
difes qui auront ete chargees fur des vaiffeaux
ennemis avant la declaration de guerre, et
Vol. II. L 2
[ 266 J
"von, alur which tcnn none {ball be prefumed
to be ignorant of it, which merchandizes
fijail not in any manner be [abject to cenfifca-
tion, but (hail be faithfully and fpeciiicaiiy de-
livered to the owners, who ihall claim or
caufe them to be claimed before confifcaticn
,| and fale, as alfo their proceeds, if the claim
be made within eight months, and could not
be made fooner after the fale, which is to be
public : provided neverthelefs, that if the faici
merchandizes be contraband, it mall not be
in any wife lawful to carry them afterwards,
to a .port belonging to the enemy.
ARTICLE XV.
Vcffeis of ^n^ ^at more • effectual care maybe taken;
war & pri- f0r the fecurity of the two contracting parties,
fliau do no i$&* tr]ey fufFor no prejudice by the men of
injury to e»- war of the other party or by privateers, all
ther party, . , ■/ c n • r ? • r>
if they do,, captains and ccrnmanders of mips or Ins bwe-
%bedpa" c^1 Majefty and of the United States, and
ake repa- all their fubjefts," mail be forbidden to do any
injury or damage to thoie of the other party,
and- if they act to the contrary, having been
found guilty on examination by their proper
judges, they (hall be bound to. make fatisiac-
tion for all damages and the intereil thereof,
and to make them good under pain and obli-
gation, of their ■perfens and goods.
ARTICLE XVI.
For this caufe, every individual who is de-
nrous of fitting out a privateer, ihall before
he receives letters patent, or fpeckl commii-
he receives fion, be obliged to give bend with fuflicient
^"bond"' fureties, before a competent judge, for a un-
to aniv.er fiCient fum -to "anfwer all damages and wrongs'
which the owner of the privateer, his officers?
ma
nail dc
I'dama-
i *7 a
me' me fix mois apres la declaration, apres
iequci terme, Ton ne fera pas cenfe d'avoir
pii Tignorer ; ies quelles marchandifes ne fe*
ront en aucunc manic-re fujettes a confifcation,
mais feront rendues en nature fidelement aux
proprietaires qui les reclameront ou feront re-
clamer avant la confiication et vente ; comme
auffi leur provenu, fi la reclamation ne poitvoit
fe faire que dans l'intervalle de huit mois apres
la vente, laquelle doit etre publique ; bieii
entendu neanmoins, que fi les dices marchan-
difes font de contrebande, il ne fera nuile-
ment permis de les tranfporter enfuite a au-
cun port appartenant aux ennemis.
ARTICLE XV.
Et a fin de pourvoir plus eiiicacement a la
furete des deux parties contractantes, pour
qu'ii ne leur foit fait aucun prejudice par les
vaiffeaux de guerre de l'autre partie ou par
des armateurs particuliers, il fera fait de'fenfe
a tous les capitaines et commandants de vaif-
feaux de fa Majefle Suedoifdet des Etats Uiris,
et tous leurs fujets, de faire aucun dommage
ou infuite a ceux de l'autre partie ; et au cas
qu'ils y contreviennent, ayant etc trouves cou-
pables, apres 1'examen fait par leurs propres
juges, ils feront tenus de donner fatisfaction
de tout dommage et interet ; et de les bonifier
fous peine et obligation de Leurs perfonnes et
biens.
ARTICLE XVI.
Pour cette caufe chaque particulier, vou-
4ant armer en courfe fera oblige, avant qu--.j
de recevoir les patentes cu fes commilnons
'fpeciales, de denner par devant un juge com-
petent, caution de .peribnr.es folvables, chacun
■folidairement pour une femme mffifante, afhl
•de repondre de tous les dommages et torts que
[ 268 ]
or others in his employ may commit during
the cruife, contrary to the tenor of this trea-
ty, and contrary to the edicts publifhed by ei-
ther party, •whether by the King of Sweden
or by the United States, in virtue of this fame
treaty, and alfo under the penalty of having
the laid letters patent and fpecial commiflion
revoked and made void.
ARTICLE XVII.
One of the contracting parties being at war
<dvefleisin and the other remaining neuter, if it mould
Sfes'to be naPPen tnat a merchant fhip of the neutral
revered, power be taken by the enemy of the other
party, and be afterwards retaken by a fhip of
war or privateer of the power at war, alfo mips
and merchandizes of what nature foever they
may be, when recovered from a pirate or fea
rover, mall be brought into a port of one of
the two powers, and fhall be committed to the
cuftody of the officers of the faid port, that
they may be reftored entire to the true propri-
etor as foon as he fhall have produced full
proof of the property. Merchants, mailers
and owners of fhips, feamen, people of all forts,
mips and veffels, and in general all merchan-
■vefleis not dizes and effects of one of the allies or their
tobede- fubjects, iliall not be fubjecl to any embargo,
nor detained in any of the countries, territo-
ries, iflands, cities, towns, ports, rivers or do-
mains whatever, of the other ally, on account
of any military expedition, or any public or
private purpofe whatever, by feizure, by force,
or by any fuch manner ; much lefs fhall it be
lawful for the fubje.cls of one of the parties to
feize or .take any thing by force, from the
fubjecls of the other party, without the con-
sent of the owner. This however is not to be
landerftood to comprehend feizures, deten-
Z **9 1
rarmateur, fes officiers, ou autres ctant a foU
'fervice, pourroient faire en leurs courfes, cen-
tre la teneur du prcfent traite et contre lex
edits faits de part et d'autre en vertu du meme
traite par le Roi de Suede et par les Etats-
Unis, meme fbus peine de revocation et caf-
fation des dices patentes et commiffions fp£-
ciales.
ARTICLE XVII.
Une des parties contraclantes etant en gu-
erre, et P autre reftant neutre, s'il arrivoit qu'
un navire marchand de la puiffance neutre fut
pris par l'ennemi de l'autre partie, et repris
enfuite par un vaiffeau ou par un armateur da
la puiffance en guerre ; de meme que les na-
mes et marchandifes de quelle nature qu'elle*
puiffent etre lors qu'elles auront ete enievees
des mains de quelque pirate ou ecumeur de
rner, elles feront emmenees dans quelque port
de 1'un des deux Etats, et feront remifes a la
garde des officiers du dit port, afin d'etre ren-
dues en entier a leur veritable proprietaire,
aufntot qu'il aura produit des preuves fuffifan-
tes de la propriece. Les marchands, patrons
et proprietaires des navires, matelots, gens de
toute forte, vaiffeaux et batimens et en gene-
ral aucunes marchandifes ni aucuns effets de
chacun des allies ou de leurs fujets, lie pour-'
ront etre aifujetis a. aucun embargo, ni reten-
us dans aucun des pays, territoires, ifles, villes,
places, ports, rivages ou domaines quelcon-
ques de l'autre allie, pour quelque expedition
militaire, ufage public ou particulier de qui
que ce foit, par faifie, par force ou de quelque
.maniere femblable. D'autant moins fera-t-il
permis aux fujets de ckacune des parties de
prendre, ou eniever par force, quelque chofe
aux fujets de l'autre partie, fans le confente-
a co
CE£]
prions and arreils^ made by order and by the
authority of juftice, and according to the or-
dinary courfe for debts or faults of the fubject.,
for which procefs mall be had in the way of
right according to the forms of iuflice.
ARTICLE XVIII.
hernia- If it mould happen that the two contract-
t5°fnshlnh mg parties mould be engaged in a war at the
nations fame time with a common enemy, the follow-
SwafiSh inS Points {liail be obferved on both fides.
i i(t. If the mips of one of the two nations,
re-taken by the privateers of the other, have
not been in the power of the enemy more than
twenty-four hours, they mall be reftored to
the original owner, on payment of one- third
of the value of the ihip and cargo. If on the
contrary, the veflel retaken has been more
than twenty-four hours in the power of the
enemy, it lhall belong wholly to him who has
retaken it.
2d. In cafe, during the interval of twenty-
four hours, a vehel be retaken by a man of
war of either cf the two parties, it mail be
reftored to the original owner, on payment of
a thirtieth part of the value of the vellel and
cargo, and a tenth part of it has been retaken
after the twenty- four hours, which fums lhall
be diftributed as a gratification among the
crew of the men of war that lhall have made
the recapture.
3d. The prizes made in manner above-
mentioned, mall be reftored to the owners.
alter proof made of the property, upon giving
fecurity for the part coming to him who has
recovered the veffel from the hands of the
enemy.
[ •** ]
ment du proprietaire ; ee qui neanmoins, ne
doit pas s'entendre des faifies, detentions et
arrets qui fe feront par ordre et autorite de las
juftice et felon les voyes ordinaires pour det-
tes ou delits, au fujet defquels il devra etre.
procede par voye de droit felon les formes ds
juitice..
ARTICLE XVIII.
S'il arrivoit que les deux parties contrac-
tsntes fuffent en meme terns en guerre centre
un ennemi commun, on obfervera de part et
4'autre les points fuivants.
i. Si les bacimens de 1'une des deux na-
tions repris par les armateurs de Pautre n'ont
pas ete au pouvoir de Pennemi, au delii de
vingt-quatre heures, ils feront reftitues au pre-
mier proprietaire, moyennani: le payement du
tiers de la valeur du batiment et de cells de
la cargaifon. Si au contraire le vaiffeau repris
a ete plus de vingt-quatre Heures au pouvoir
de Pennemi, il appartiendra. en entier a celui
qui Paura repris.
2. Dans les cas que dans Pintervalle de
vingt-quatre heures un navire ell; repris par
un vaifleau de guerre de Pune des deux par-
ties, il fera rendu au premier proprietaire,
moyennant qu'il paye un trentieme de la valeur
du navire et de fa cargaifon, et le dixieme, s'il
a ete repris apres les vingt-quatre heures-, les
quelles ibmmes feront diflribuees en guife de'
gratification aux equipages des vaiileaux qui
Pauront repris.
3. Les prifes fakes de la manicre fufdite fe-
ront reflituees aux proprietaires, apres lesr.
preuves faites de la propriete, en donnant cau-
tion pour la part qui en revient a celui qui a
tir« le navire des rnaines de Pennemi,.
C »5t* ]
4th. The men of war and privateers of the
two nations fhall reciprocally be admitted with
their prizes into each other's ports ; but the
prizes fhall not be unloaded or fold there until
the legality of a prize made t>y Swedifh mips
fhall have been determined according to the
laws and regulations eftablifhed in Sweden, as
alfo that of the prizes made by American vef-
icls mall have been determined according to
the laws and regulations eftablifhed by the
United States of America.
5th. Moreover, the King of Sweden and
the United States of America mall be at li-
berty to make fuch regulations as they fhall
judge neceilary reflecting the conduct which
their men of war and privateers refpefliively
fhall be bound to obferve, with regard to vef-
fels which they mall take and carry into the
ports of the two powers.
ARTICLE XIX.
ships of _ The mips of war of his "Swedifh Majefty
vateerS,P ' and thofe of the United States, and alfo thofe
may bring wnich their fubie&s mall have armed for war,
prizes into . , n r ^ i o il
ports of may with all rreecom conduct tne prizes
cither which they iliall have made from their ene-
mies into tne ports wnicn are open in time or
war to other friendly nations ; and the faid
prizes upon entering the faid ports fhall not
be fubject to arreft or feizure, nor mall the
officers of the places take cognizance of the
validity of the faid prizes, which may depart
and be conducted freely and with all liberty to
the places pointed out in their commiflions,
which the captains of the laid veifels mall be
obliged to fhew.
ARTICLE XX.
In cafe any veifel belonging to either of the
two States, or to their fubjefts, (hall be
party.
[ 273 ]
4. Les vaiffeaux de guerre ef amateurs des
deux nations feront reciproquement admis
avec leurs prifes, dans les ports refpe&ifs de
chacune, mais ces prifes ne pourront y etre
dechargees ni vendues qu'apres que la legiti-
mite de la prifefaite par des batimens Suedois
aura ete decidee felon les loix et reglemens
etablis en Suede ; tout comme celle des prifes
faites par des batimens Americains, fera jugee
felon les loix et reglemens determines par
les Etats Unis de PAmerique.
5. Au furplus il fera libre au Roi de Suede,
ainfi qu'aux Etats Unis de 1' Amerique de faire
tels reglements qu'ils jugeront neceifaires rela-
tivement a la conduite que devront tenir leurs
vaiffeaux et armateurs refpe&ifs, a Fegard des
batimens qu'ils auront pris et conduits dans
les ports des deux puiffances.
ARTICLE XIX.
Les vaiffeaux de guerre de fa Majefle Sue-
doife et eeux des Etats Unis, de merae que
ceux que leurs fuj; ts auront armes en guerre,
pourront, en toute liberte conduire les prifes
qu'ils auront faites fur, leurs ennemis, dans les
ports ouverts en terns de guerre aux autres na-
tions amies, fans que ces prifes, entrant dans les
dits ports, puiffent etre arrerees ou failles, ni que
les officiers des lieux puiffent prendre, conoif-
fance de la validite de dites prifes, les quelles
pourront fortir et etre conduites franchement
et en toute liberte aux lieux portes par les
commiffions, dont les capitaines des dits vaif-
feaux feront obliges de faire montre.
ARTICLE XX.
Au cas que quelque vaiffeau appartenant a
1'un des deux etats, ou a leurs fujets aura
Vol. II. M 2
[ #4 ]
/
ta cafe of ftranded, fliipwrecked, or fuffer any othei
flupwreck, t]amas-e on tne COafts or under the dominion
rcJief ihall ti 4
beafFordcd, of either of the parties, all aid and amlrance
r"fbfcd.US ^\\ be given t0 tne persons fhipwrecked, or
who may be in danger thereof, and paffports
.ihall be granted to them to fecure their return
to their own country. The (hips and merchan-
dizes wrecked, or their proceeds, if the effects
have been fold, being claimed in a year and a
day, by the owners or their attorney, mail be
reftored, on their paying the cofts of falvage,
conformable to the laws and cuftoms of the
two nations.
ARTICLE XXL
w, , "When the fubiecls and inhabitants of the
\v lien VCl- , • 'i i • re
iekiiiaiibe two parties, with their vehels, whether they
ihefeor ko public and equipped for war, or private
weather, or employed in commerce, fhall be forced by
ports'&c tempefi, by purfuit of privateers and of ene-
they Qiaii mies, or by any other urgent neceffity, to re-
ed ^nd^ ^re an^ enter any of the rivers, bays, roads or
/peimitted ports of either of the two parties, they mail
10 depart. ^ received and treated with all humanity and
politenefs, and they mail enjoy all friendmip,
protection and affiflance, and they mail be at
libert^ttf fopply themfelves with refrefliments,
prWifioriS' and every thing neceflary for their
fuftenance, for the repair of their veflels, and
for continuing their voyage j provided always
that they pay a reafonable price : and they
(hall not in any manner be detained or hinder-
ed from failing outof the faid ports or roads,
but they may retire and depart when and as
they pleafe, without any obftacle or hindrance.
ARTICLE XXII.
In order to favour commerce on both fides
as much as poffible, it is agreed, that 'in cafe
a war mould break out between the faid tw©
C *7S ]
cchoue, fait naufrage ou fouftert quelque au-
tre dommage fur les cotes ou fous la domina-
tion de Tune des deux parties, il fera donne
toute aide et affi dance aux perfonnes naufragees
ou qui fe trouvent en danger, et il leur fera
accorde des pafleports pour affiirer leur retour
dans leur patrie. Les na vires et marchandifes
naufragees ou leur provenu, fi ces efFets euffent
ete vendus, etant reclames dans l'an et jour
par les proprietaires, ou leur ayant caufe, fe-
ront reftitues, en payant les frais du fauvement,
conformement aux loix et coutumes des deux
nations.
ARTICLE XXI.
Lorfque les fujets et habitants de Peine des
deux parties avec leurs vaiffeaux foit publics,
foit equipes en guerre, foit particuliers, ou
employes au commerce, feront forces, par une
tempete, par la pourfuite des corfaires et des
ennemis, ou par quelqu'autre neceffite ur-
gente, de fe retirer et d'entrer dans quelqu'une
des rivieres, bayes, rades ou ports de Fune
des deux parties, ils feront recus et traites avec
humanite et honnetete, et jouiront de toute ami-
tie, protection et affiftance, et il leur ferapermis
de fe pourvoir de rafraichiffemens, de vivres et
de toutes chofes neceflaires pour leur fubfif-
tance, pour la reparation de leurs vaiffeaux et
pour continuer leur voyage, le tout moyennant
un prix raifonable, et ils ne feront reienus en
aucune maniere, ni empeches de fortir des dits
ports ou rades, mais po-urr out fe retirer et par-
tir quand, et corame il leur plaira, fans aucun
obftacle ni empechement.
ARTICLE XXII.
Afin de favorifer d3autant plus le commerce
des deux cot s, il eft. convenu que dans le cas
ou la guerre furviendroit entre les deux na-
C *76 }
in cafe of nations, which God forbid, the term of nine
months'10 months after the declaration of war, fhall be
fhaii be al- allowed to the merchants and fubjecls refpec-
dtTzen^to tively on one fide and the other, in order that
feii, and they may withdraw with their effects and
theTrdT moveables, which they fhall be at liberty to
feels. carry off or to fell where they pleafe, without
the leafl obflacle ; nor fhall any feize their ef-
fects, and much lefs their perfons, during the
faid nine months; but on the contrary, pair-
ports which (hall be valid for a time neceffary
for their return, fhall be given them for their
veffels, and the effects which they fhall be wil-
ling to carry with them. And if any thing is
taken from them, or if any injury is done to
them by one of the parties, their people and
fubjects, during the term above prescribed,
full and entire fatisfaclion fhall be made to
them on that account. The above-mentioned
paffports fhall alfo ferve as a fafe conduct
againft all infults or prizes which privateers
may attempt againft their perfons and effects.
ARTICLE XXIII.
citizens of No fubject of the King of Sweden fhall take
neither a COmmifIion or letters of marque for arming
party lhall „ , x • n_ 1
take com- any veiiel to act as a privateer againit the
™ffixH»» or United States of America, or any of them,
marque or againft the fubjects, people or inhabitants
from any 0fthe faid United States, or any of them, or
"Drincc* or ' *
ftate, with againft the property of the inhabitants of the
whom the faj^ States, from any prince or ftate whatever,
war, with whom the faid United States fhall be at
war. Nor fhall any citizen, fubjeel: or inha-
bitant of the faid United States, or any of them,
apply for or take any commimpn or letters of
marque for arming any veffel to cruize againft
the fubje&s of his Swedifh Majefty, or any of
them, or their property, from any prince or
C 277 ]
tions fufdites, ce qu'a Dieu ne plaife, il fera
accorde un terns de neuf mois apres la decla-
ration de guerre, aux marchands et fujets re-
fpeclifs de part et d'autre, pour pouvoir fe re-
tirer avec leurs effets et meubles, lefquels ils
pourront tranfporter, ou faire vendre, ou ils
voudront, fans qu'on y mette le moindre ob-
stacle, ni qu'on puifle arreter les efFets, et en-
core moins les perfonnes pendant les dits neuf
mois ; mais qu'au contraire on leur donnera,
pour leurs vaiifeaux et efFets qu'ils voudront
prendre avec eux, des paifeports valables pour
le terns qui fera neceffaire pour leur retour ;
mais s'il leur eft enleve quelque chofe, ou s'il
leur a ete fait quelque injure, durant le terme
prefcrit cy-deflus, par l'une des parties, leurs
peuples et fujets, il leur fera donne a. cet egard
pleine et entiere fatisfaclion. Ces paifeports
fufmentionnes ferviront egalement de faufcon-
duits contre toutes infultes ou prifes que les
armateurs pourront intenter de faire contre
leurs perfonnes et leurs efFets.
ARTICLE XXIII.
Aucun fujet du Roi de Suede ne prendra
de commiffion ou lettre de marque pour armer
quelque vaifFeau, afin d'agir comme corfaire
contre les Etats Unis de l'Amerique ou
quelques uns d'entre eux, ou contre les fujets,
peuples, ou habitans d'iceux, ou contre la pro-
priete des habitans de ces Etats, de quelque
prince ou etat que ce foit, avec lequel ces dits
Etats Unis feront en guerre. De me me, au-
cun citoyen, fujet ou habitant des dits Etats
Unis, et de quelqu'un d'entre eux, ne deman-
dera ni n'acceptera aucune commiffion ou let-
tre de marque, afin d'armer quelque vailTeau
pour courre fus aux fujets de fa Majefte Sue-
doife ou quelqu'un d'entre eux ou leur pro-
C v* 3
ftate whatever with whom His faid Majefty
fhall be at war. And if any perfon of either
nation mall take fuch commiffions or letters of
marque, he mail be punifhed as a pirate.
ARTICLE XXIV.
ships and The veffels of the fubjects of either of the
^nffeoSC°the Part^es coming upon any of the coafts belong-
coafts, or ing to the other, but not willing to enter into
entering port, or being entered into port, and not wil-
the ports of r ' b . t 9 > %
either par- ling' to unload their cargoes or to break bulk,
ty, how to |Jjajj not ^e oblipred t0 J0 [t Dut on the CQn.
he treated. o ■*
trary, mail enjoy all the franchifes and exemp-
tions which are granted by the rules fubfifting
with refpec~t to that object.
ARTICLE XXV.
How fhips When a veffel belonging to the fubjects and
treat°de inhabitants of either of the parties, failing on
when met the high fea, fhall be met by a fhip of war or
by fhips of prjvat;egr 0f the other, the faid fhip of war or
AV3,r or Dri" *■
▼ateers. privateer, to avoid all diforder, fhall remain
out of cannon fhot, but may always fend their
boat to the merchant (hip, and caufe two or
three men to go on board of her, to whom the
mailer or commander of the faid veifel fhall
exhibit his paffport, Hating the property of
the veifel ; and when the faid veifel mall have
exhibited her paffport, fhe fhall be at liberty
to continue her voyage, and it fhall not be
lawful to moleft or fearch her in any manner,
or to give her chace or force her to quit her
intended courfe.
ARTICLE XXVI.
Confuis, The two contracting parties grant mutually
&c. to be the liberty of having each in the ports of the
allowed in J ° p . L ,
the ports of other, coniuls, vice-coniuJs, agents and corn-
each na- miffaries whofe functions fhall be regulated
by a particular agreement.
C 279 ]
priete, de quelque prince ou etat que ce foit
avec qui fa dite Majefte fe trouvera en guerre.
Et fi quelqu'un de l'une ou de l'autre nation
prenoit de pareilles commiffions ou lettres de
marque, il fera puni comme pirate..
ARTICLE XXIV.
Les vaifTeaux des fujets ou habitans d'une
des deux parties, abordant a quelque cote de
la dependance de l'autre, mais n'ayant point
deffein d'entrer au port, ou y etant entre, ne
defirant pas de decharger leur cargaifon ou
rompre leur charge, n'y feront point obliges,
mais au cOntraire joui'ront de toutes les fran-
chifcs et exemtions accordees par les regle-
mens qui fubfiftent relativement a cet objet.
ARTICLE XXV,
Lorfqu'un vaifleau appartenant aux fujets et
habitans de l'une des deux parties, naviguant
en pleine mer, fera rencontre par un vaifleau
de guerre ou armateur, de l'autre, le dit vaif-
feau de guerre ou armateur, pour cviter tout
defordre, fe tiendra hors de la portee du canon,
mais pourra toutes fois envoyer fa chaloupe
abord du navire marchand et y faire entrer
deux ou trois hommes, auxquels le maitre ou
commandant du dit navire', montrera fon pafTe-
port, qui conflate la propriete du navire ; et
apres que le dit batiment aura exhibe le paffe-
port, il lui fera libre de continuer fon voyage;
et il ne fera pas permis de le molefter.ni de,
chercher en aucune maniere a lui donner la
chafle ou a le forcer de quitter la courfe qu'il
s'etoit propofe.
ARTICLE XXVI.
Les deux parties contra £tantes fe font accor-
de mutuellement la faculte de tenir dans leurs
ports refpeclifs des ccnfuls, vice-confuls, a-
gents et commiifaires, dont les fonclions leront
reglees par une convention particuliere.
[ 280 ]
ARTICLE XXVII.
Ratifies- The prefent treaty fhall be ratified on both
tion. fides, and the ratifications fhall be exchanged
in the fpace of eight months, or fooner if
poflible, counting from the day of the figna-
ture.
In faith whereof, the refpective Plenipoten-
tiaries have figned the above articles, and
have thereunto affixed their feals.
Done at Paris the third day of April, in the
year of our Lord one thou/and f even hun-
dred and eighty-three.
Gustav Philip Comte de Creutz. (l. s.)
duration.
Separate Article.
The King of Sweden and the United States
Time of of North- America, agree that the prefent
treaty fhall have its full effect for the fpace of
fifteen years, counting from the day of the
ratification, and the two contracting parties re-
ferve to themfelves the liberty of renewing it
at the end of that term.
Done at Paris, the third day of April, in the
year of our Lord one thoufand feven hun-
dred and eighty-three.
Gustav Philip Comte de Creutz. (l. s.)
Separate Articles.
ARTICLE I.
His Swedifh Majefty fhall ufe all the means
in his power to protect and defend the veffels
[ aSi ]
ARTICLE XXVII.
Le prefent traite fera ratine de part et cP au-
tre et les ratifications feront echangees dans
1'efpace de huit mois, ou plutot, fi faire fe
peut, a compter du jour de la figna ure.
En foi de quoi les Plenipotentiaires refpectifs
ont figne les articles cy-deffus et y ont ap-
pofe le cachet de leurs armes.
Fait a Paris le trois Avril, V an de Grace mil
fept cent quatre-vingt-trois.
Gustav Philip Comte de Creuiz. (l.s.)
Benjamin Franklin. (l. s.)
Article Separe.
Le Roi de Suede et les Etats Urns de PA-
merique Septentrionale font convenus que le
prefent traite aura fon plein efFet pendant Pef-
pace de quinze ans confecutifs, a compter du
jour de fa ratification ; et les deux parties con-
tra&antes fe refervent la faculte de le renou-
veller au bout de ce terns.
Fait a Paris le trois Avril, Van de Grace mil
fept cent quatre-vingt-trois,
Gustav Philip Comte de Creutz. (l.s.)
Benjamin Franklin. (l. s.)
Articles Separcs,
ARTICLE I.
Sa Majefte Suedoife fera ufage de tous les
rnoyens qui font dans fon |5ouvoir pour prote-
Vol. II. N 2
C 282 j
King of anc* e^cl:s belonging to citizens or inhabitants
«wedtn to of the United States of North America, and
Statdef" evei7 of them> wnich ftiall be in the ports,
efFeAs of havens, roads, or on the feas near the countries,
united* ° iflands, cities and towns of His faid Majefty,
states. and fhall ufe his utmoft endeavours to recover
and reftore to the right owners, all fuch veffels
and effects which mail be taken from them
within his jurifdiction.
ARTICLE IL
In like manner, the United States of North
United^ America fhall protect and defend the veffels
protect and effects belonging to the fubjects of His
effSb of Swedim Majefty, which mail be in the ports,
fubje&sof havens, or roads, or on the feas near to the
Sweden, countries, iflands, cities and towns of the faid
States, and fhall ufe their utmoft efforts to re-
cover and reftore to the right owners, all fuch
veffels and effects which fhall be taken from
them within their jurifdiction.
ARTICLE III.
in cafe of ^ *n anY ^uture war at fea» tne contracting
war at fea, powers refolve to remain neuter, and as fuch,
fliipsofwar tQ 0Dferve t]ie ftria;eft neutrality, then it is
and aiiift agreed, that if the merchant-fhjps of either
each'na- party mould happen to be in a part of the fea
tion, where the fhips of war of the fame nation are
not ftationed, or if they are met on the high
fea, without being able to have recourfe t©
their own convoys, in that cafe the comman-
der of the fhips of war of the other party, if
required, fhall in good faith and fincerity
give them all neceffary affiftance ; and in fuch
cafe, the fhips of war and frigates of either of
the powers fhall protect and fupport the mer-
chant-fhips of the other ; provided neverthe-
leh, that the fhips claiming affiftance are not
r 283 3
gcr et dcfendre les vaiffeaux et effets, apparte-
nans aux citoyens ou habitans des Etats Unis
de PAmerique Septentrionale et a chacun d'i-
ceux, qui feront dans les ports, havres ou rades
ou dans les mers pres des pais, Hies, contrees,
villes et places de fa dite Majefte, et fera tous
fes efforts pour recouvrer et faire reftituer aux
proprietaires legitimes tous les vaifleaux et ef-
fets qui leur feront pris dans Petendue de fa
jurisdiction.
ARTICLE II.
De meme les Etats Unis de PAmerique Sep-
tentrionale protegeront et defendront les vaif-
feaux et effets, appartenans auxfujets de fa Ma-
jefte Suedoife qui feront dans les ports, havre$
ou rades, ou dans les mers pres des pais, ifles,
contrees, villes et places des dits Etats, et fe-
ront tous leurs efforts pour recouvrer et faire
reftituer aux proprietaires legitimes, tous les
vaiffeaux et effets qui leur feront pris dans l'e-
tendue de leur jurifdiction.
ARTICLE III.
Si durant une guerre maritime a venir, les
deux puiffances contradtantes prennent le parti
derefter neutres et d'obferver, commetelles,ia
plus exa&e neutralite, alors on eft convenu
que s'il arrivoit que les vaiffeaux marchands
de Pun des puiffances, fe trouvaffent dans un
parage ou les vaiffeaux de guerre de la meme
nation ne fuffent pas ftationnes, ou bien s'ils fe
rencontrent en pleine mer fans pouvoir avoir
recours a leurs propres convois, dans ce cas le
commandant des vaiffeaux de guerre de P autre
puiffance, s'il en eft requis, doit de bonne foi
et fincerement leur prefer les fecours dont ik
pourront avoir befoin, et en tel cas les vaif-
feaux de guerre et fregates de Pune des puif-
fances ferviront de foutien et d'appui aux vai£-
[ 284 3
engaged in any illicit commerce contrary to
the principles of the neutrality.
ARTICLE IV.
Re«uk- It is agreed and concluded that all mer-
tions to chants, captains of merchant-fhips or other
oufmefs by fubje&s of His Swedifh Majefty, mail have
citizens ei fu}} liberty in all places under the dominion or
i^n th^do^ jurifdiction of the United States of America,
minions of to manage their own affairs, and to employ in
the management of them, whomfoever they
pleafe ; and they fhall not be obliged to make
ufe of any interpreter or broker, nor to pay
them any reward unlefs they make ufe of
them. Moreover, the mailers of (hips- fhall not
be obliged, in loading or unloading their vef-
fels, to employ labourers appointed by public
authority for that purpofe ; but they fhall be
at full liberty, themfelves, to load or unload
their veffels, or to employ in loading or unload=-
ing them whomfoever they think proper, with-
out paying reward under the title of falary to
any other perfon whatever ; and they fhall not
be obliged to turn over any kind of merchan-
dizes to other veffels, nor to receive them on
board their own, nor to wait for their lading
longer than they pleafe ; and all and every of
the citizens, people and inhabitants of the Uni-
ted States of America fhall reciprocally have
and enjoy the fame privileges and liberties in
all places, under the jurifdiclion of the faid
realm.
ARTICLE V.
It is agreed that when merchandizes fhal'l
have been put on board the fhips or veffels of
either of the contracting parties, they fhall not
fee fubjeded to any examination y but all es>
[ *$ 1
feaux marchands de l'autre : bien entendu cc*
pendant, que les reclamans n'auroient fait au-
eun commerce illicite ni contraire aux prin-
eipes de la neutralite.
ARTICLE IV.
II eft convenu et arrete que tous les mar-
chands, capitaines des navires marchands ou
autres fujets de fa Majefte Suedoife, auront
1'entiere liberte dans toutes les places de la do-
mination ou jurifdiclion des Etats Unis de l'A-
merique, de conduire eux-memes leurs propres
affaires, et d'employer qui il leur plaira pour
les conduire, et qu'ils ne feront point obliges
de fe fervir d'aucun interprets ou courtier, ni
leur payer aucun honoraire a moins qu'ils ne
s'en fervent. En outre, les maitres des navires
ne feront point obliges, chargeant ou dechar-
geant leurs navires, de fe fervir des ouvriers-
qui peuvent etre etablis pour cet efFet par 1'au-
toritepublique; mais ils feront entierement li-
bres de charger ou decharger eux-memes leurs
Vaifleaux et d'employer pour charger ou de-
charger ceux qu'ils croiront propres pour cet
effet, fans payer aucuns honoraires a litre de fa*
laire a aucune autre perfonne que ce foit, et ils
ne pourrontetre force's de verfer aucune efpece
de marehandifes dans d'autres vaifleaux ou de
les recevoir a leur bord, et d'attendre pour etre
charges, plus long-tems qu'il ne leur plaira j et
tous et un chacun des citoyens, peuples et habi-
tans des Etats Unis de l'Amerique auront et
joui'ront reciproquement des memes privileges,
et libertes dans toutes les places de la jiirifdic-
tion du dit royaume.
ARTICLE V.
11 eft convenu que lorfque les marehandifes
auront ete chargees fur les vaiifeaux ou bati-
mens de l'une des deux parties contra£tantesr
[ 286 ]
No veffeis animation and fearch muft. be before lading,
i° beh d anc^ tne Pronibited merchandizes muft be ftop-
unicfs in ped on the fpot before they are embarked, un-
safe °f jefs there is full evidence or proof of fraudu-
fraud. Re r T
guhtionsin lent practice on the part or the owner or the
fuch caic. ^ip^ or Q£ fcm who has the command of her ;
in which cafe, only he mall be refponfible and
fubjecl; to the laws of the country in which he
may be. In all other cafes, neither the fubje&s
of either of the contracting parties, who fhall
be with their veffeis in the ports of the other,
nor their merchandizes, fhall be feized or mo-
lefted on account of contraband goods, which
they fhall have wanted to take on board, nor
fhall any kind of embargo be laid on their mips,
fubje&s or citizens of the fiate whofe mer-
chandizes are declared contraband, or the ex-
portation of which is forbidden ; thofe only
who fhall have fold or intended to fell or ali-
enate fuch merchandize, being liable to pu-
nifhment for fuch contravention.
Done at Paris, the third day of April, in the
7 ear of our Lord one thouj and /even hun*
dred and eighty-three.
\
Gustav Philip Comte de Creutz. (l. s.)
Benjamin Franklin. (l. s.)
C 287 ]
clles ne pourront plus etre affujetties a aucune
vifite ; toute vifite et recherche devant etre
faite avant le chargement, et les marchandifes
prohibees devant etre arretees fur la plage
avant de pouvoir etre embarquces, a moins
qu'on ait des indices manifefles 011 des preu-
ves de verfement frauduleux de la part du
proprietaire du navire ou de celui qui en a le
commandement. Dans ce cas feul, il en fera
refponfable et foumis aux loix du pais ou il fe
trouve. Dans aucun autre cas, ni les fujets d'
une des parties contra&antes, qui fe trouveront
avec leurs navires dans les ports de 1'autre,
ni leurs marchandifes, ne pourront etre arre-
tes ou moleftes pour caufe de contrebande,
qu'ils auront voulu prendre a leur bord, ni
aucune efpece d'embargo ne fera mise fur leurs
navires ; les fujets ou citoyens de 1'etat ou les
marchandifes font declarees de contrebande,
dont la fortie ell defendue, et qui neanmoins
auront vendu ou voulu vendre et aliener les
dites marchandifes, devant etre les feuls qui
feront duement punis pour une pareille con-
travention.
Fait a Paris le trois Avril, Van de Gr.dc?
milfept cent quartre-vingt-trois.
Gustav Philip Comtede Creutz. (l. s.)
Benjamin Franklin. (l. s.1
ARMISTICE
Declaring
A Cefiation of Hoftilities
Between the
UNITED STATES
A N D
GREAT-BRJTJIK
Vol. II. Oa
1 •XM&JtMi*!* d ■.WfWB>'J-|
ARMISTICE
DECLARING
A CESSATION OF HOSTILITIES
BETWEEN THE
UNITED S T A T E S '
AND
G R E A T -B R I T A I N.
TRANSLATION.
WE, the underfigned Minifters Plenipotenti--
ary of the United States of North- America,
having received from Mr. Fitz Herbert,
Minifter Plenipotentiary of his Britannic
Majefty, a declaration, relative to a fufpen-
fion of arms, to be eftablifhed between his
faid Majefty and the faid States, the tenor
whereof is as follows :
J THE RE AS the preliminary articles
^ agreed upon and figned this day,
between his Majefty the King of Great-Britain
and his Majefty the moft Chriftian King on the
one part, and likewife between his faid Britan-
nic Majefty and his. Catholic Majefty on the
other part, contain the Papulation of a cefla-
tion of hoftilities between thofe three powers,
which is to take place after the ex-change of
the ratifications of the faid preliminary arti-
cles : And whereas, by the proviiional treaty
figned on the thirtieth day of November laft,
between his Britannic Majefty and the United
totes of North- America, it hath been ftipu-
UUJ...1JI uf.u.'n»-'.LU«i.»-Mjmpjjjjiij!iiK,'jyjmjuu,»Mjti;'.iiMiim«ij«'«-m mumj»una,mj...jn«ni>
ARMISTICE \
DECLARANT
UNE SUSPENSION D'ARMES
ENTRE
LES ETATS UN IS
ET
LA GRANDE BRETAGNE,
m*nmumsiMXTX>fflrirc° . ,- ' flSfi i3TU' I nw"
NOUS fouffignes Miniftres Plenipotentiaires
des Etats-Unis de 1'Amerique Septentrio-
nale, aiant recu de la part de M. Fitzher-
bert, Miniftre Plenipotentiaire de fa Ma-
jefte Britannique, une declaration relative
a une fufpenfion d'armes a etablir entre fa
dite Majefte et les dits Etats, dont la teneur
s'en fuit :
iOMME les articles prelirninaires arretes
et lignes aujourd'hui entre fa Majefte
le Roi de la Grande Bretagne et fa Majefte le
Roi Tres Chretien d'une part, et auffi entre
fa dite Majefte Britannique et fa Majefte Ca->
tholique ds autre part, renferment la ftipula-
tion de la ceffation des hoftilites entre ces trois
Puiffances ; laquelle doit commencer apres
Pechange des ratifications des dits articles pre-
lirninaires : et comme par le traite provifionel
figne le 30 Novembre dernier entre fa Ma*
jefte Britannique et les Etats-Unis de I'Ame*
rique Septentrional e, il a ete ftipule, que ce
prsdti fortiroit fon effet auffitot que la paix eria
L 292 ]
lated that, that treaty fhould take effect as
foon as peace fhould be eftablifhed between
the faid crowns : The underfigned Minifter
Plenipotentiary of his Britannic Majefty, does
declare, in the name and by the exprefs order
of the King, his mailer, that the faid United
States of North-America, their fubjecr.s and
their pofiemons, mall be comprehended in the
above-mentioned fufpenfion of arms,, and that,
jn confequence, they fhall enjoy the benefit of
the ceflation of hoftilities, at the fame epochs,
and in the fame manner as the three crowns
above-mentioned, their fubje&s, and their re-
fpe&ive poffeffions ; the whole upon condi-
tion, that on the part and in the name of the
faid United States of North- America, a fimir
lar declaration fhall be delivered exprefsly,
declaring their aifent to the prefent fufpenfion
of arms, and containing the aflurance of the
moft perfect reciprocity on their part.
In faith whereof, we, the Minifter Pier
nipotentiary of his Britannic Majefty,
have figned the prefent declaration, and
have caufed the feal of our arms to be
thereto affixed.
Verf ailles, 10th "January, 1783.
(Signed)
(l. s.) Alleyne Fitz Herbert."
HAVE, in the name of the faid United
States of North-America, and by virtue of
the powers with which they have veiled us,
accepted the above declaration, do by thefe
prefents merely and fimply accept it, and do
reciprocally declare that the faid States fnall
isaufe all- hoftilities to ceafe againft his Britan?
' it 293 1
ire les elites couronnes feroit retablie; le fouf-
figne Miniftre Plenipotentiaire de fa Majefte
Britannique, declare an nom, et par ordre
expres du Roi fon maitre, que les dits Etats-
Unis de PAmerique Septentrionale, leurs fu-
jets, et leurs poilefiions, feront compris dans
la fufpenfion d'armes fufmentionnee, et qu'ils
jouiront en confequence du benefice de la cef-
fation des hoftilites aux memes epoques, et
de la meme maniere que les trois couronnes
fufdites, leurs fujets et leurs porTeffions refpec-
tives ; le tout a condition, que de la part et
au nom des dits Etats-Unis de PAmerique Sep*
tentrionale, il foit delivre une declaration fem-
blable qui conflate leur affentiment a. la pre*
fente fufpenfion d'armes et renferme ParTurance
de la plus parfaite reciprocite de leur part.
En foi de quoi, nous Miniftre Plenipoten*
tiaire de fa Majefte Britannique, avons
figne la prefente declaration et y avons
fait appofer le cachet de nos armes.
A Verf ailles le 20, yan* 1783,,
(l. s.) (Signe) AlleyneFitz Herbert. "
AVONS au nom des dits Etats-Unis dc
PAmerique Septentrionale et en vertu des
pouvoirs dont ils nous ont munis, accepte la
declaration ci-deffus, Pacceptons par ces pre-
fentes purement et {implement et declarons re-
ciproquement que les dits Etats feront ceffer
toutes hoftilites con^re fa Majefte Britannique,
I 294 3
»
nic Majefty, his fubje&s and his ponefTrons, at
the terms and epochs agreed upon between his
faid Majefty the King of Great-Britain, his
Majefty the King of France, and his Majefty
the King of Spain, fo, and in the fame man-
ner, as has been agreed between thofe three
•crowns, r.r.d to produce the fame effects.
In faith wherzqf, we, the Minifters Pleni-
potentiary of the United States of North-
America, have figned the prefentdeclara-
tion, and have affixed thereto the feal of
our arms.
Verf allies, the aoth of January, one thoufant}
/even hundred and eighty-three.
(Signed) John Adams, (l. s.)
B. Franklin, (l. s.)
CGpy of the jirjl and iwenty-fecond of the Preli-
minary Articles, between France and Great-
Britain, figned at Verf allies the twentieth Ja~
nuary, 1783,
TRANSLATION.
Art. 1. As foon as the preliminaries mall
be figned and ratified, fincere friendfhip fhall be
re-eftablifhed between his moft Chriftian Ma-
jefty and his Britannic Majefty, their king-
doms, ftates, and fubjecls by fea and by land,
in all parts of the world ; orders fhall be fent
to the armies and fquadrons, as well as to the
fubjedts of the two powers, to ceafe all hofti-
lities, and to live in the moft perfect union,
forgetting the paft, according to the order
and example of their fovereigns; and for the
execution of this article, fea-paffes fhall be
given on each fide to the fhips which fhall be
difpatched to carry the news to the pofTefJions
§f the faid powers,
C ' 295 1
fes fujets et fes pofTeftions, aux termes et auxi
epoques convenus entre fa dite Majefte le Roi
de la Grande Bretagne, fa Majefte le Roi de
France et fa Majefte le Roi d'Efpagne, ainfi,
et de la raeme maniere qu'il a ete convenu en-
tre ces trois couronnes, et pour produire 1«
meme effet.
En foi £»e quoi nous Miniftres Plenipoten-
tiaires des Etats-Unis de 1' Amerique Sep-
tentrionale avons figne la prefente decla-
ration et y avons appcfe les cachets de
nos amies.
A Verfailks le vingt Janvier, mil fepi cent
quatre-vingt trois.
John Adams, (l, s.)
B. Franklin, (l. s.)
Copie du premier et duvingt deuxieme des articles
preliminaires entre la France et la Grande Ere-'
tagne, Jignes a Verfailles le 20 Janvier, 1783.
Art. 1. Auffitot que les preliminaires fe-
ront fignes et ratifies, Famitie fmcere fera re-
tablie entre fa Majefte Tres Chretienne et fa
Majefte Britannique, Ieurs Royaurnes, Etats
et Sujets par mer et par terre, dans toutes les
parties du monde; il fera envoye des ordres
aux armees, et efcadres, ainfi qu'aux fujets de&
deux Puiffances de ceffer toute hoftilite, et de
vivre dans la plus parfaite union en oubliantle.
paffe, dont leurs fouverains leur donnent
1'ordre et Fexemple ; et pour Fexecution de
1 cet article, il fera donne, de part et d'autre
1 des paifeports de mer aux vaifleaux qui feronf
1 expedies pour en porter la nouvelle dans ks
1 pofseffions des dites puiffances*
[ -496 ]
t Art. 22. To prevent all the caufesrof' com-
plaint and difpute which might • arife on ac-
count of the prizes which may be taken at fea
after the;figning of thefe preliminary articles,
it is- reciprocally agreed, that theveffels and ef-
fects which,- may be taken in the Channel and
in the North Seas, after the fpace of twelve
■clays, to be computed from the ratification of
the preient preliminary articles, lhall be re-
stored on each fidej That the term fhall be.of
.one /month -from; the; Channel and the North
Seas to the Canary Iflands inclufively, whether
Jn the Ocean or in the Mediterranean ; of two
•months-, from -the fald Canary? Iflands to the
Equinoxial tine or Equator; andlaitly,, of five
months in .all other parts of the world, with-
out any exception, nor other more particular
: diftinftion of ..times and places.
C 297 ]
Art. 22. Pour prevenirtous les fujets de
plaintes et de conteftation qui pourroient naitre
a Toccafion des prifes qui pourroient etre
faites en mer depuis la fignature de ces articles
preliminaires, on eft convenu reciproquement
que les vaifleaux et efifets qui pourroient etre
pris dans la Manche et dans les Mers du Nord,
apres Pefpace de douze jours a compter de-
puis la ratification des preTens articles preli-
minaires, feront de part et d'autre reftitues ;
Que le terme fera d'un mois depuis la Manche
et les Mers du Nord, jufqu'aux Iiles Canaries
inclufivement, foit dans l'ocean, foit dans la
Mediterrannee ; de deux mois depuis les dites
tiles Canaries, jufqu'a la ligne Equinoxiale ou
l'Equateur ; et enfin de cinq mois dans tous
les autres endroits du monde, fans aucune ex-
ception ni autre diftin&ion plus particuliere
de terns et de lieux.
Vol. II. P %
'■* .' ■ ' I,1.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
SACHEMS AND WARRIORS
OF THE
SIX- NATIONS.
ORIGINAL.
ARTICLES^
Concluded at Fort Stanwix, on the twenty fe-
cond Day of October, one thoufand feven hun-
dred and eighty four, between Oliver Wol-
Cott, Richard Butler, dud Arthur Lee,
Commijfioners Plenipotentiary from the United
States, in Congrefs aJfembled,on the one Part,
and the Sachems and Warriors of the Sis
Nations, on the other.
THE United States of America give peace
to the Senecas, Mohawks, Onondagas
and Cayugas, and receive them into their pro-
tection upon the following conditions :
ARTICLE I.
Six hoftages mall be immediately delivered Hoftages to
to the commiffioners by the faid nations, to re- b.e siv.en
main in poffeflion of the United States, till ail ers £J d£
the prifoners, white and black, which were livewd up.
taken by the faid Senecas, Mohawks, Onon-
dagas and Cayugas, or by any of them, in the
t 3°° 3
late war, from among the people of the United
States, fhall be delivered up.
ARTICLE II.
poffeffion The Oneida and Tufcarora nations fhall be
of lands fc- fecured in the poffemon of the lands, on which
cured" they are fettled.
ARTICLE III.
Bounda- A line fhall be drawn, beginning at the
ries- mouth of a creek about four miles eaft of
Niagara, called Oyonwayea, or Johnfton's
Landing-Place, upon the lake named by the
Indians Ofwego, and by us Ontario; from
thence foutherly in- a direction always four
miles eaft of the carrying-path, between Lake
Erie and Ontario, to the mouth of Tehofero-
ron or Buffaloe Creek on Lake Erie ; thence
fouth to the north boundary of the ftate of
Pennfylvania ; thence weft to the end of the
faid north boundary; thence fouth along the
weft boundary of the faid ftate; to the river
Ohio; the faid line from the mouth of the
Oyonwayea to the Ohio, fhall be the weftern
boundary of the lands of the Six Nations, fo
that the Six Nations fhall and do yield to the
United States, all claims to the country weft
of the faid boundary, and then they mall be
fecured in the peaceful pofiefliori of the lands
they inhabit eaft and north of the fame, re-
fer ving only fix miles fquare round the fort of
Ofwego, to the United States, for the ftn>
port of the fame.
ARTICLE IV,
ooods The Commiffioners of the United States,
§iven to in confideration of the prefent circumftances
diaLs"" of the Six Nations, and in execution of the
humane and liberal views of the United States
Upon the figning of the above articles, will
E 301 ]
order goods to be delivered to the.faid Six
Nations for their ufe and comfort.
Oliver Welcotty (l. s.)
Richard Butler, (l. s.)
Arthur Lee, (h. s.)
Mohawks.
Onogwendahonji, his M mark. (l. s.)
Towighnatagon, his ^ mark, (l. s.)
Onondagas,
Oheadarighton, his PA mark. (l. s.)
Kendarindgon, his M mark. (l. s.)
Senecas.
Tayagonendagighti, his ><! mark. (l. s.)
' Tehonwaeaghriagi, his ^ mark. (jl. s.)
Oneidas.
- Otyadonenghti, his ><t mark. (l. s.)
Dagaheari, . his k! mark, (l. s.)
Cayuga,
Oraghgoanendagen, his X mark. (l. s.)-
Tufcarora. 'r.t
Ononghfawenghti, his tH mark, (l, s.J
Tharondawagen, his M mark, (jl. s.)
Seneca Abeal.
Kayenthoghke, ' his M mark; (l. s/)
Witnefles: Sam. jo. Atlee, Wm. Maclay,
Fras. Johnfton, Pennfylvania Commim* oners.
Aaron Hill, Alexander Campbell, Saml. Kirk-
land* Miff'y.. James Dean, Saml. Montgome-
ry, Derick Lane, Capt. John Mercer, Lieut,
William Pennington, Lieut. Mahlori Ford,
Enfign,. Hugh Peebles.
■•**.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
SACHEMS AND WARRIORS
OF THE
Wiandot, Delaware, Chippawa and Ottawa
Nations.
ORIGINAL.
ARTICLES
Concluded at Fort M'lntofh, the iwenty-firfi
Day of fanuary, one thou/and /even hun~
dred and eighty-Jive, beHueen the Commii-
fioners Plenipotentiary of the United States
of America, of the one Part, and' the Sa-
chems and Warriors of the Wiandot, Dela-
ware, Chippawa and Ottawa Nations of the
other.
THE Commiffioners Plenipotentiary of the
United States in Congrefs aflembled, give
peace to the Wiandot, Delaware, Chippawa,
and Ottawa nations of Indians, on the fol-
lowing conditions.
ARTICLE I.
Three chiefs, one from among the Wian- nonages t»
dot, and two from among the Delaware na- S,8'refn'
niii ii« l i/-i 'rv till pnion-
tions, ihall be delivered up to the Commimon- as arc «:-
ers of the United States, to be by them re- ftorccL
tained till all the prifoners, white and black,
taken by the faid nations, or any of them,
ihall be reftored.
ARTICLE II.
The faid Indian nations do acknowledge Indians ao
themfelves and all their tribes to be under the knowledge
protection of the United States, and of no of°u.cs°n
other fovereign whatsoever.
C 3°4 1
ARTICLE III.
Bounda- The boundary line between the United States:
lics- ^and the Wiandot and Delaware nations, mail
begin at the ,mouth of the river Cayahoga,
and run thence up the faid river to the portage
between that and the Tufcarawas branch of
Mufkingum ; then down the faid branch to the
forks at the croffing place above Fort Law-
rence ; then wefterly to the portage of the Big
Miami, which runs into the Ohio, at the
mouth of which branch the fort flood which
was taken by the French in one thoufand feven
hundred and fifty-two ; then along the faid
portage to the Great Miami or Ome river,
and down the fouth-eaft fide of the fame to its
mouth ; thence along the fouth fhore of lake
Erie, to the mouth of Cayahoga where it began.
ARTICLE IV.
The United States allot all the lands con-
Rcfcrves. tame(j within the faid lines to the Wiandot and
Delaware nations, to live and to hunt on, and to
fuch of the Ottawa nation as now live thereon ;
faving and referving for the eflablifhment of
trading pofts, fix miles fquare at the mouth of
Miami or Ome river, and the fame at the port-
age on that branch of the Big Miami which
runs into the Ohio, and the fame on the lake
of Sandufke where the fort formerly flood,
^and alfo two miles fquare on each fide of the
lower rapids of Sandufke river, which pofts
and the lands annexed to them, mail be to the
ufe and under the government of the United
States.
ARTICLE V.
fcT . . If any citizen of the United States, or
No citizen J m . !
of u. s. to other perfon not being an Indian, mail attempt
fettle on t fettle on Qf the lands aHotted to the Wi-
Indian __ J . ...
lands. andot and Delaware nations in this treaty, ex*
C 3®.5 J
cept on the lands refer.ved to the United Styles
in the preceding article, fuch perfon fliall for-
feit the protection of the United States, and
the Indians may punifh him as they pleafe.
ARTICLE.VI.
The Indians who fig-n this treaty, as well in indisms re-
behalf, of ail their tribes as. of themfeives, do tK'u.s."
acknowledge the lands ea-ft, fouth and weft of to certain
the lines idefcribed in the third article, fo far as ]and"X
the laid. Indians formerly claimed the fame, to
belong- to the United States \ and none of their
tribes Tnail prefume to fettle upon the fame* ox
anv part of it.
ARTICLE VII. . ,:
- The poll of Detroit, with a di/Mcl begin- Port at De-
ning at the mouth of the river. Rofine, on the /err^dre"
well end of lake Erie,, and running Xyeft iix
miles lip the fouthem bank of the laid river,
thence northerly and ;always fix miles wefl of
the ftrait, till it flrikes the -lake St. _C1air, 'mall .. ; .
be alfo referved to the fole ufe of the United
States. ............
' ARTICLE VIII; : ;
In the fame manner the pod of Michilli- Po/tat
machenac with its dependencies, and twelve ^l"1'1"
miles fquare about the fame, ihallbe referved referved.
to the ufe of the United States. '
ARTICLE IX,
If any Indian or Indians mall commit a rob- Robbers &
bery or murder on any citizen of the United ^"bVde-8
States, the tribe to which fuch offenders may leered to
belong, mall be bound to deliver them up at
the riearefl poll, to be punifhed according to
the ordinances of -the United States.
ARTICLE X.
The Commiffi oners, of the United States, fncd* t6'
in purfuance of the humane and liberal views buted/'"
of Gongrefs, upen this treaty's being figned,
Vol. II. "0^2
Indians,
C 3°6 ]
will dir eel goods to be diftributed among the
different tribes for their ufe and comfort.
Separate Article.
ProviGon It is agreed that the Delaware chiefs, Kele-
for certain lamand or lieutenant-^eolonel Henry, Hencrue
rufhees or the Big Cat, Wicocahnd or Cap-
tain White Eyes, who took up the hatchet for
the United States, and their families, mall be
received into the Delaware nation, in the fame
fituation and rank as before the war, and en-
joy their due portions of the lands given to the
Wiandot and Delaware nations in this treaty,
as fully as if they had not taken part with
America, or as any other perfon or perfons in
the faid nations.
Geo. Clark, (l. s.)
Richard Butler, (l. s.)
Arthur Lee, (l. s.)
Daunghquat, his X mark. (l. s.)
Abraham Kuhn, his ><i mark, (l, s.)
Ottawerreri, his H mark. (l. s.)
Hobocan, his M mark. (l. s.)
Walendighiun, his ><! mark. (l. s.)
Talapoxie, his M mark. (l. s.)
Wingenum, his {x} mark. (l. s.)
Packelant, his M mark. (l. s,)
Gingewanno, his M mark. (l. s.)
Waanoos, his ><! mark. {l. s.)
Konalwaffee, his M mark. (l. s.)
Shaivnaqum, his M mark. (l. s.)
'Shrecookkia, his M mark. (l. s.)
Witnefles : SamL J. Atlee, Francis John-
fton, Pennfylvania Commiffioners. Alexander
Campbell. Jofiah Harmar, Lieut. Coh Com't.
Alexander Lowrey. Jofepli Nicholas, inter-
preters I. Bradford. George Slaughter. Van
Swearingen. John Boggs. G. Evans. D«
Luckett.
TREATY
O F
AMITY AND COMMERCE
BETWEEN
i
His Majefty the King of Pruffia
AND THE
UNITED STATES OF AMERICA.
—.". .a
ORIGINAL.
TREATY of AMITY and COMMERCE,
between his Majejiy the King of Prufria
and the United States of America.
IS Majefty the King of Prufria, and the
United States of America, defiling to
fix, in a permanent and equitable manner, the
rules to be obferved in the intercourfe and
commerce they defire to eftablifh between their
refpective countries ; His Majefty and the Uni-
ted States have judged that the faid end can-
not be better obtained than by taking the moft
"perfecl equality and reciprocity for the bafis
of their agreement.
With this view, His Majefty the King of
Jpruflia has nominated and conftituted as his
Plenipotentiary, the Baron Frederick William
de Thulemeier, his Privy Counfelior of Em-
baffy, and Envoy Extraordinary with (their
High Mightineffes the States General of the
United Netherlands,; and the United States
have, on their part, given full powers to John
Adams, Efquire, late one of their Miniiters
Plenipotentiary for negociating a peace, here-
tofore a Delegate in Conorefs from the ilate of
Mafiachufetts, and Chief Juftice of the fame,
and now Minifter Plenipotentiary of the Uni- :
ted States with Tlis Britannic Majefty ; Doctor
Benjamin Franklin, late Minifter Plenipotenti-
ary at the court of Verfaiiles, and another of
their MinifteYs Plenipotentiary for negociating
a peace ; and Thomas jeflerfon, heretofore a
Delegate in Congrefs from the ftate of Virginia,
and Governor of Uie faid (talc, and now Minif-
ter Plenipotentiary of the United States at the
court of His Moll Chriftian Maieftv, which
ORIGINAL.
TRAITE B'AMITIE et de COMMERCE,
entrefa Majefte le Roi de Pruffe et les Etats
Unis de /'Amerique.
Q A Majefte le Roi de Pruffe, &c. &c. et les
jlJ^ Etats Unis. de PAmerique, defirant de fix-
er d'une maniere permanente et equitable les
regies qui doivent etre obfervees relativemeni
a la. correfpondance et au commerce a etablh"
entre les Etats refpeclifs des deux parties j fa
Majefte et les Etats Unis ont cru ne pouvoir
mieux remplir ce but, qu'en pofant pour bafe
de leurs engagemens la plus parfaite egalite et
reciprocity.
Dans cette vue fa Majefte le Roi de Pruffe
a nomme et conftitue pour fon Plempotentiaire
ie Baron Frederic Guillaume de Thulemeier,
fon Ccnfeiller Prive d'Ambaffade et Envoye
Extraordinaire aupres de leurs. Hautes Puif-
fances les Etats Generaux des Provinces li-
mes ; et les Etats Unis out de. leur cote pour-
vu de leurs pleinpouvoirs le Sieur John Adams
ci-devant l'un de leurs Miniftres Plenipotenti-
aires pour traiter de la paix, Delegue au Con-
gres de la part de 1'e-tat de Maffachufetts et
Chef de juftice du dit etat, actuellenient Mi-
niftre Plempotentiaire des Etats Unis pres fa
Majefte le Roi de la Grand Bre'tagne, le Doc-
teur Benjamin Franklin en dernier lieu Icur
Miniftre Ple'nipotentiaire a la cour de fa Ma-
jefte tres Chretienne et audi l'un de leurs Mi-
niftres Plenipotentiaires pour traiter de la paix;
et le Sieur Thomas jefferfon, ci-devant dele-
£ue au Congres de la part de Petal de Virgi-
nie et gouverneur du dit etat;, acluellement Mi-
ni'tre Plempotentiaire a la cour- de fa Maicfte
C 310 J
refpective Plenipotentiaries, after having ex-
changed their full powers, and on mature de-
liberation, have concluded, fettled and figned
the following articles.
ARTICLE I.
Peace and There fhall be a firm, inviolable and univer-
friendfhip fa} peace and fmcere friendfhip between His
the two Majefty the King of Pruffia, his heirs, fuccef-
nations. fors an(j fubjects, on the one part, and the Uni-
ted States of America, and their citizens, on
the other, without exception of perfons or
places.
ARTICLE II.
Subje&sof The fubjecls of His Majefty the King of
Pruffia en- Pruffia may frequent all the coafts and coun-
fLTt pH- tries °f tne United States of America, and
viiegcs in refide and trade there in all forts of produce,
stales as manufactures and merchandize ; and fhall pay
tbcmoftfa- within the faid United States no other or grea-
tion" a tBr duties, charges or fees whatfoever, than
the molt favoured nations are or fhall be o-
bliged to pay ; and they fhall enjoy all the
rights, privileges and exemptions in navigation
and commerce, which the molt favoured na-
tion does or fhall enjoy ; fubmitting themfelves
neverthelefs to the laws and ufages there eftab-
lifhed, and to which are fubmitted the citizens
of the United States, and the citizens and fub-
jecls of the moft favoured nations.
ARTICLE III.
citizens of jn jj^g manner the citizens of the United
states en- States of America may frequent all the coafls
tided to ancj countries of his Majefty the King of Prui-
viieges in fia, and refide and trade there in all forts of
Pruffia, as produce, manufactures and merchandize, and
voured na- fhall pay in the dominions of his faid Majefty
tl0n" no other or greater duties, charges or fees
C fH ]
tres Chretiehne, lefquels Plenipotentiaires re-
fpe&ifs, apres avoir echange leurs pleinpou-
voirs, et en confequence'd'une mure delibera-
tion, ont conclu, arrete et figne l'es articles fui-
vans,
ARTICLE I.
II y aura une paix ferine-, inviolable et uni-
verfelle et une amitie fincere, entre fa Majefte
le Roi de PrufTe, fes heritiers, fucceffeurs et
fujets, d'une part, et les Etats Uni's d'Ame-
rique et leurs citoyens, d'autre part, fans ex-
ception de perfonnes ou de lieux.
_
ARTICLE II.
Les fujets de fa Majefte le Roi de PrufTe
pourront frequenter toutes les cotes et tous les
pays des Etats Unis de l'Amerique, y refider
et trafiquer en toutes fortes de productions,
manufactures et marchandifes, et ne payeront
d'autres ni de plus forts impots, charges ou
i droits dans les dits Etats Unis, que ceux que
lies nations les plus favorifees font, ou feront
obligees de payer ; et ils jouiront de tous les
droits, privileges et exemptions dans la navi-
gation et le commerce dont joui't, ou jouira la
mation la plus favorifee ; fe foumettant nean-
i moins aux loix et ufages y etablis, et auxquels
i'font foumis les citoyens' des Etats Unis et les
( citoyens et fujets des nations les plus favorifees.
ARTICLE III.
Pareillement les citoyens des Etats Unis de
i l'Amerique pourront frequenter toutes les co-
tes et tous les pays de fa Majefte le Roi de
'PrufTe, y refider et trafiquer en .toutes fortes
dt productions, manufactures et marchandifes,
et ne payeront d'autres ni plus forts impots,
charges ou droits dans les domaines de fa dite
o
M ]
whatfoever than the mofl favoured nation ig
qr (hall be obliged to pay ; and they fiia.ll en-
joy all the rights, privileges and exemptions
in navigation and commerce which the mofl
favoured nation does or fhall enjoy ; fubmit-
ting themfelves neveithelefs to the laws and
ufages there eflabliihed, and to which are fub-
mitted the fubjecls of his Majefly the King of
Pruffia, and the fubjecls and citizens of the
moil favoured nations.
ARTICLE IV.
Regulation More efpecially each party fhall have a right
bfrommer- to carry their own produce, manufactures and
courfe.ef merchandize, in their own or any other veffels
to any parts of the dominions of the other,
where it ■fhall be lawful for all the fubjecls or
citizens of that other freely to purchafe them ;
and thence to take the produce, manufactures
and merchandize of the other, which all the
faid citizens ©r fubjecls fhall in like manner be
free to fell them, paying in both cafes fuch du-
ties, charges and fees only, as are or fhall be
paid by the moil favoured nation. Neverthe-
lefs the King of Pruffia and the United States,
and each, of them, referve to themfelves the
right, where any nation reflrains the transpor-
tation of merchandize to the veiiels of the
country of which it is the growth or manufac-
ture, to eftabiim againft fuch nation retaliating
regulations ; and alfo the right to prohibit, in
their refpeclive countries, the importation and
exportation of all merchandize whatfoever,
when reafons of {late (hall require it, In this
cafe, the fubjecls or citizens of either of the con-
tracting parties fhall not import or export the
merchandize prohibited by the other; but if
one of the contracting parties permits any other
nation to import or export the fame merchan-
C 3*3 ]
Majefte, que celix que la nation la plus faVori*
lee eft, ou fera obligee de payer, et ils jouironfe
des tous les droits, pivileges et exemptions
dans la navigation et le commerce, dont jouit
ou jou'ira la nation la plus favorifee ; fe fou-
mettant neanmoins aux lois et ufages y etablis,
et aux quels font foumis les fujets de fa Ma*
jefte le Roi de Prufle, et les fujets et citoyens
des nations les plus favorifees.
ARTICLE IV.
En particulier, chacune des deux nations
aura le droit d'importer fes propres producti-
ons, manufactures et marchandifes a bord de
fes propres batimens ou de tel autre, dans
toutes les parties des domaines de Pautre, ou il
fera permis a tous les fujets et citoyens de Pau-
tre nation de les acheter librement ; comme
auffi d'y charger les productions, manufactures
et marchandifes de l'autre que tous les dits fu-
jets ou citoyens auront la liberte de leur ven-
dre ; en payant dans l'un et l'autre cas, teis
impofs, droits et charges feulement, que ceux
qui font, ou feront payes par la nation la plus
favorifee. Cependant le Roi de PrUffe et les
Etats Unis de l'Amerique, et chacun d'eux en
particulier, fe refervent le droit, au cas que
quelque nation reftreigne le tranfport des mar-
chandifes aux vaiffeaux des pays dont elles font
la production ou la manufacture, d'etablir eii-
vers cette nation des reglemens reciproques-
Se refervant de plus le droit de prohiber dans
leurs pays refpe&ifs l'importation ou l'expor-
tation de toute marchandife quelconque, des
que la raifon d'etat l'exige. En ce cas, les fu-
jets ou citoyens d'une des parties contra&antes
ne pourront importer ni exporter les marchan-
difes prohibees par l'autre. Mais ft l'une des
Vol. II. R 2,
C 3*4 3 .
dize, the citizens or fuhjects of the other ihalJ
immediately enjoy the fame liberty.
ARTICLE V.
Veflefa not The merchants, commanders of veffels, or
S toun-C" other fubje&s or citizens of either party, mall
load mer- not, within the ports or jurifdiclion of the
ciiandize, ^j^ ^e forced to unload any fort of mer-
chandize into any other veffels, nor to receive
them into their own, nor to wait for their be-
ing loaded longer than they pleafe.
. ARTICLE' VI.
Goods to That the veffels of either party loading with-
ed before ni tile ports or jurndicoon or the other, may
loaded, and not be ufelefsly haraffed or detaind, it is agreed,
uniefs in' that all examinations of goods required by
eafeof the laws, mail be made before they are laden
on board the veffel, and that there fhall be no
examination after ; nor fhall the veffel be
fearched at any time, uniefs articles mall have
been laden therein clandeftinely and illegally,
in which cafe the perfon by whofe order they
were carried on board, or who carried them
without order, fhall be liable to the laws of the
land in which he is ; but no other perfon fhall
be molefted, nor fhall any other goods, nor
the veffel be feized or detained for that caufe.
ARTICLE VIL
Each party . Each party fhall endeavour, by all the means
to protect jn thejr power, to protect and defend all vef-
and effeds fels and other effects belonging to the citizens
»f tk* cr fubjecls of the other, which fhall be within
C S'5 3
parties contracl antes permet a quelqu'autre
nation d'importer ou d'exporter ces memes
marchandifes, les citoyens ou fujets de 1' autre
partie contracltante jouiront tout auflitot d'une
liberte pareille.
ARTICLE V.
Les marchands, coramandans de vailfeaux,
ct autres fujets ou citoyens de chacune des
deux nations, ne feront pas forces dans les
ports ou dans la jurifdiclion del'autre, de de-
charger aucune forte de marchandifes dans d*
autres vailfeaux, ni de les recevoir a bord de
leurs propres navires, ni d'attendre leur enlarge-
ment plus long-temps qu'il ne leur plaira.
ARTICLE VI.
Pour eviter que les vailfeaux de 1'une des
deux parties contra&antes ne foyent point
inutilement moleftes ou detenus dans les ports
ou fous la jurifdiclion de Pautre, il a ete con-
venu que la vifite des marchandifes, ordonnee
par les loix, fe fera avant qu'elles ne foyent
chargees fur le navire, et qu'enfuite elles ne
feront plus affujetties a aucime vifite. Et en
general il ne fe fera point de recherche a bord
du vahTeau, a moins qu'on n'y ait charge clan-
deftinement et illegalement des marchandifes
prohibees. Dans ce cas, celui par l'ordre du-
quel elles ont ete portees a bord, ou celui qui
les y a portees fans ordre, fera foumis aux loix
du pays ou il fe trouve, fans que le rede de l'e-
quipage foit molefte, ni les autres marchan-
difes, on le vahTeau, fains ou detenus par cett§
raifon.
ARTICLE VII.
Chacune des deux parties contractantes ta>
chera, par tous les moyens qui feront en fon
pouvoir, de proteger et de defendre tous les
vai&aux et autres efiets appartenans aux ci-
[ 3«« :
other, in theextent of their jurisdiction, by feaor by land;
2^!Ln6" an^ mall ufe all their efforts to recover, and
millions* . > » j
caufe to be reftored to the right owners, their
veffels and effects which fliall be taken from
them within the extent of their faid jurisdic-
tion.
ARTICLE VIII.
,. «., The veffels of the Subjects or citizens of
veflels , J
coming on either party, coming on any coaft belonging
the coaft, t ^ other Kut not willing to enter into port,
or entering m 7 t o # x *
the ports or being entered into port, and not willing to
nLklrThow unload their cargoes or break bulk, fhall have
to be treat- liberty to depart and to purfue their voyage,
without moleflation, and without being oblig-
ed to render account of their cargo, or to'
pay any duties, charges or fees whatfoever,
except thofe eftablifhed for veffels entered into
port, and appropriated to the maintenance of
the port itfelf, or of other eftablifhments for the
fafety and convenience of navigators, which
dudes, charges and fees mail be the fame, and
ihall be paid on the fame footing as in the cafe
of Subjects or citizens of the country where they
are eftablimed.
ci
ARTICLE IX.
in cafe of When any veffel of either party mall be
fhipwrceks wrecked, foundered or otherwife damaged on
relief fliall
"be afford-
ed, and
goods re-
ilored.
the coafts, or within the dominion of the other,
their respective Subjects or citizens ihall receive,
as wrell for themfelves as for their veffels and
effects, the fame affiitance which would be due
to the inhabitants of the country where the
damage happens, and mail pay the fame |
charges and dues only as the faid inhabitants
would be Subject to pay in a like cafe : and it
the operations of repair fhall require that the
whole or any part of their cargo be unladed,
[ V7 ]
toyens ou fujets de l'autre, et fe trouvant dans
1'etendue de fa jurifdi&ion par mer oil par
terre : et elle employera tous fes efforts pour
recouvrer et faire reftituer aux proprietaires
legitimes les vaiffeaux et cffets qui leur auront
ete enleves dansi'etendue de fa dite jurifdiclion.
ARTICLE VIII.
Les vaiffeaux des fujets ou citoyens d'une
des deux parties contraclantes, arrivant fur une
cote appartenante a l'autre, mais n'ayant pas
deffein d'entrer au port, ou y etant entres, ne
defirant par de decharger leurs cargaifons, ou
de rompre leur charge, auront la liberte de
repartir et de pourfuivre leur route fans em-
pechement, et fans etre obliges de rendre
compte de leur cargaifon, ni de payer aucuns
impots, charges et droits quelconques, excepte
ceux etablis fur les vaiffeaux une fois entres
dans le port, et deflines a Pentretien du port
meme,oua d'autres etabliffemens,qui ontpour
but la fiirete et la comrnodite des navigateurs,
lefquels droits, charges et impots feront les
memes et fe payeront fur le mime pied qu'ils
font acquittes par les fujets ou citoyens de Petat
ou ils font etablis.
ARTICLE IX.
Au cas que quelque vaiffeau appartenant a
Pune des deux parties contraclantes auroit fait
naufrage, echoue ou fouffert quelque autre
dpmmage fur les cotes ou fous la domination
de l'autre, les fujets ou citoyens refpeclifs re-
cevront, tant pour eux que pour leurs vaif-
feaux et effets, la meme" affiilance qui auroit
ete fournie aux habitans du pays ou l'accident
arrive ; et ils payeront feulement les memes
charges et droits, auxquels les dits habitants
auroient ete affujettis en pareil cas. Et ii la
reparation du vaiffeau exigeoit que la cargai-
The pitl-
jsens or
will o>r
•cherwife.
C 3>8 ]
they fhall pay no duties, charges or fees oa
the part which they fhall relade and carry
away. The ancient and barbarous right to
wrecks of the fea (hall be entirely abolifhed,
with refpect to the fubjects or citizens of the
two contracting parties.
ARTICLE X.
The citizens or fubjects of each party fhall
have power to difpcfe of their perfonal goods
Subje&s of vvithin the mrifdiction of the other, by tefta-
each p,-H*ty, J . *
nuydifppfe ment, donation or otherwife ; and their repre-
of their fentatives, being fubjecls or citizens of the
perioral o -j
^date by other party, fliall fucceed to their faid perfonal
goods, whether by teftament or ab intejlaio,
and may take pofleffion thereof either by them-
Mves or by others acting for them, and dif-
pofe of the fame at their will, paying fuch dues
only as the inhabitants of the country wherein
the faid goods are, fhall be fubject to pay in
like cafes. And m cafe of the abfence of the
reprefentative, fuch care mail be taken of the
faid goods, and for fo long a time as would be
taken of the goods of a native in like cafe, un-
til the lawful owner may take meafures for
receiving them. And if queftion fhall arife
among feveral claimants to which of them the
faid goods belong, the fame mall be decided
finally by the laws and judges of the land
Avherein the faid goods are. And where, on the
death of any perfon holding real effate within
the territories of the one party, fuch real eflate
Rcguia- would by the laws of the land defcend on a
uonscon- cjj-jzen or ftibiect. of the other, were he not dif-
fame. ° qualified by alienage, fuch fubjecl fliall be al-
lowed a reafonahle time to fell the fame, and
to withdraw the proceeds without moleftation,
and exempt from all rights of detraction on
the part of the government of the refpective
[ 3*9 ]
fon fut dechargee en tout ou en partie, its n£
payeront aucun imp6t, charge ou droit de ce
qui fera rembarque et emporte. L'ancien et
barbare droit de naufrage fera entierement a-
boli a Tegard des fujets ou citoyens des deux
parties contraclantes.
ARTICLE X.
Les citoyens ou fujets de Tune des deux par-
ties contraclantes auront dans les etats de lJau-
tre, la liberte de difpofer cle leurs biens perfon-
nels, foit par teflament, donation ou autre-
. ment, et leurs heritiers etant fujets ou citoyens
de l'autre partie contracliante, fuccederont a
leurs biens, foit en vertu d'un teflament, ou
ab iniejiaty et ils pourront en prendre poffeffioR,
foit en perfonne,ibit par d'autres agiflant en leur
place, et endifpoferont a leur volonte, en nepav-
ant d'autres droits que ceux aux-quels les habi-
tants du pays ou la fucceflion eft devenue va-
cante, font afiujettis en pareille occurrence. Et
en cas d'abfence des heritiers, on prendra aufll
longtemps, des biens qui leur font echus, les
memesfoinsqu'onauroitpris en pareille occafion
des biens des natifs du pays, jufqu'a ce que le
proprietaire legitime ait agree des arrangemens
pour recueillir 1'heritage. S'il s'eleve des con*
teftations entre differens pretendans ayant droit
a. la fucceflion, elles feront decide es en dernier
reffort felon les loix et par les juges du pays ou
la fucceUion eft vacante. Et fi par la mort de
quelque perfonne poffedant des biens-fonds
fur le territoire de Tune des parties contrac-
tantes, ces biens-fonds venoient a paffer, felon
les loix du pays, a un citoyen ou fujet de l'au-
tre partie, fi celui-ci, par fa qualite d'etranger
eflinhabile de les poffeder, il obtiendra un delai
convenable pour les vendre et pour en retirer
le provenu, fans obflacle, exempt de tout droit
C 320 ]
ftates. But this article fhall not derogate in any
manner from the force of the laws already
publimed or hereafter to be publimed by his
Majefly the King of Pruffia, to prevent the
emigration of his fubjecls.
libcrt of ARTICLE XL
confdence The molt perfect freedom of confeience and
fc^urcd. of worfhip, is granted to the citizens or fub-*-
jecls of either party, within the jurifdiction of
the other, without being liable to moleftation
in that refpeft, for any caufe other than an in-
fult on the religion of others. Moreover, when
the fubiects or citizens of the one party, fhall
die within the jurifdiction of the other, their
bodies fhall be buried in the ufual burying
grounds, or other decent and fuitable places,
and fhall be protected from violation or dis-
turbance.
ARTICLE XII.
t .. . - If one of the contracting parties mould be
Liberty for G r
cither par- engaged in war with any other power, the tree
ty to trade mj;ercourfe anc| commerce of the fubjects or
with ana- ,, . . J .
tion at war citizens or the party remaining neuter with the
tker the °" belligerent powers, fnall not be interrupted.
On the contrary, in that cafe as in full peace,
the veflels of the neutral party may navigate
freely to and from the ports and on the coafls
of the belligerent parties, free vefTels making
Free fhips free goods, mfomuch, that all things fhall be
make free adjudged free which fhall be on board any vef-
fel belonging to the neutral party, although
fuch things belong to an enemy of the other ;
and the fame freedom fhall be extended to per-
fons who fhall be on board a free veflel, al-
though they fhould be enemies to the other par-
[ 3^ 3
de retenue, de la part du gouvernement des
Etats refpectifs. Mais cet article ne derogera
en aucune manure a. la force des lois qui ont
deja ete publiees ou qui le feront dans la fuite,
par fa Majefte le Roi de Pruffe, pour prevenir
I'emigration de fes fujets.
ARTICLE XL
II fera accorde la plus parfaite liberte de
confcience et de culte aux citoyens et fujets de
chaque partie contra&ante dans les etats de
l'autre, et perfonne ne fera molefte a cet egard
pour quelque caufe que ce foit, fi ce n'eft pour
infulte fake a la religion de Fautre. De plus*
fi des fujets et citoyens de Tune des parties con"
tractantes venoient a mourir dans la jurifdic-
tion de Fautre, leurs corps feront enterres dans
les endroits ou Ton a coutume de faire les en-
terremens, ou dans tel autre lieu decent et con-
venable, et ils feront proteges contre toute vi-
olence et trouble.
ARTICLE XII.
Si 1'une des parties contraftantes ctoit eri
guerre avec une autre puiifance, la libre cor-
refpondance et le commerce des citoyens ou
fujets de la partie qui demeure neutre envers
les puhTances belligerantes, ne feront point in-
terrompus. Au contraire, et dans ce cas,
comme en pleine paix, les vaifleaux de la partie
neutre pourront naviguer eri toute furete dans
les ports et fur les cotes des puhTances belli-
gerantes, les vaifleaux libres rendant les mar-
chandifes libres, en tant qu'on regardera
comme libre tout ce que fera a. bord d'un ria-
vire appartenant a. la partie neutre, quand
meme ces efFets appartiendroient a l'ennemi de
l'autre. La meme liberte s'etendra aux per-
fonnes qui fe trouveront a bord d'an vaifleau
-Vol. II. S 2
[ 32^ ]
ty, unlefs they be foldiers in actual fervlce of
fuch enemy.
ARTICLE XIII.
No goods ^n^ m tne fame cafe of one of the con-
liiaii be trading parties being engaged in war with any
contra- other power, to prevent all the difficulties arid
band, fo as mifunderflandings that ufually arife refpe&ing
confifca- the merchandize heretofore called contraband,
tiom;but fucn as arms, ammunition and military flores
be detain- of every kind, no fuch articles carried in the
cd* veffels, or by the fubjecls or citizens of one of
the parties 'to the enemies of the other, fhall be
deemed contraband, fo as to induce confif-
cation or condemnation and a Iofs of property
to individuals. Neverthelefs, it mall be lawful
to ilop fuch veffels and articles, and to detain
them for fuch length of time as the captors
may think neceffary to prevent the inconveni-
ence or damage that might enfue from their
proceeding, paying however a reafonable com-
penfation for the lofs fuch arrefl mail occafion
to the proprietors : And it fhall further be al-
lowed to ufe in the fervice of the captors, the
whole or any part of the military flores fo de-
tained, paying the owners the full value of the
fame, to be afcertained by the current price at
the place of its deflination. But in the cafe fup-
pofed, of a veffel flopped for articles hereto-
fore deemed contraband, if the mailer of the
veffel flopped will deliver out the goods fup-
f»ofed to be of contraband nature, he fhall be
admitted to do it, and the veffel fhall not in
that cafe be carried into any port, nor further
detained, but fhall be allowed to proceed om
her voyage.
C 323 5
fibre, quand memes elles feroient ennemis de
Fautre partie, excepte que ce fuffent des gens
de guerre, a&uellement au fervice de Fennemi.
ARTICLE XIII.
Dans le cas ou Tune des parties contractan-
tes fe trouveroit en guerre avec une autre puif-
fance, il a ete convenu que pour prevenir les
difficultes et les difcuffions qui furviennent or-
dinairement par rapport aux marchandifes ci-
devant appellees de eontrebande, telles que
armes, munitions, et autres provifions de
guerre de toute efpece, aucun de ces articles,
charges a bord des vaiffeaux des citoyens ou
fujets de Tune des parties, et deftines pour Fen-
nemi de Fautre, ne fera cenfe de contrebalnde?
au point d'impliquer confifcation ou condam-
nation, et d'entrainer la perte de la propriete
des individus. Neanmoins il fera permis d'ar-
refer ces fortes de vaiffeaux et effets, et de les
retenir pendant tout le temps que le preneur
croira neceffaire pour prevenir les inconveni-
ens et le dommage qui pourroient en refulter
autrement ; mais dans ce cas on accordera une
compenfation raifonable pour les pertes qui au-
ront ete occafionnees par la faifie. Et il fera
permis en outre aux preneurs d'employer a
ieur fervice, en tout,, ou en partie, les muniti-
ons militaires detenues, en en pay ant aux pro-
prietaires la pleine valeur, a determiner fur le
prix qui aura cours a Fendroit de leur deili-
nation ; mais que dans le cas enonce, d'un
vaiifeau arrete pour des articles ci-devant ap-
pelles eontrebande, fi le maitre du navire con-
fentoit a delivrer les marchandifes fufpecles, il
aura la liberte de le faire, et le navire ne fera
plus amene dans le port, ni detenu plus long-,
temps, mais aura toute liberte de pourfuivrc
fa route.
C 324 ]
ARTICLE XIV.
vefTds to And in the fame cafe where one of the pair-
ed with **cs 1S engaged in war with another power,
fea-ietiers, that the vefTels of the neutral party may be
ports! readily and certainly known, it is agreed, that
they mail be provided with fea-letters, or paff-
ports, which fhall exprefs the name, the pro*
perty and burthen of the veffel, as alfo the
name and dwelling of the mafler, which paff-
ports fhall be made out in good and due forms,
(to be fettled by conventions between the par-
ties whenever occafion ■fhall require) fhall be
renewed as often as the veffel fhall return into
port ; and fhall be exhibited whenfoever re-
quired, as well in the open fea as in port. But
if the faid veffel be under convoy of one or
:more vefTels of war, belonging to the neutral
party, the fimple declaration of the officer com-
manding the convoy, that the faid veffel be-
longs to the party of which he is, fhall be con-
fidered as eftablifhing the fact, and fhall relieve
froth parties from the trouble of further ex-
. .animation*
ARTICLE XV.
H v f. And to prevent entirely all diforder and
fds are to violence in fuch cafes, it is ftipulated, that
when met' wnen tne vefTels °T the neutral party, failing
by fliip. of without convoy, fhall be met by any veffel of
' pn" war, public or private, of the other party, fuch
veffel of war fhall not approach within cannon
fhot of the faid neutral veffel, nor fend more
than two or three men in their boat on board
the fame, to examine her fea-letters or paff-
ports. And all perfons belonging to any veffel
of war, public or private, who fhall moleil or
injure, in any manner whatever, the people,
Teffels or effects of the other party, mail be
refponfible in their perfons and property for da*
war, or
vateers
C 325 ]
ARTICLE XIV.
Dans le cas cm Tune des deux parties contrao
tantes fe trouveroit engagee dans une guerre
avec une autre puiffance, et arm que les vaif-
feaux de la partie neutre foyent promptement
et furement reconnus, on eft convenu qu'ils
devront etre munis de lettres de mer ou paffe-
pcirts, exprimant le nom, le proprietaire, et
le port du navire, ainfi que le nom et la de-
meure du maitre. Ces paffeports, qui feront
expedies en bonne et due forme (a de'terminer
par des conventions entre les parties, lorfque
I'oecafion le requerra) devront etre renouvelles
toutes les fois que le vaiffeau retournera dans
fon port, et feront exhibes a chaque requifition
tant en pleine mer que dans le port. Mais fi
le navire fe trouve fous le convoi d'un ou plu-
fieurs vaifTeaux de guerre appartenants a la
partie neutre, il fuffira que PofHcier command-
ant du convoi declare que le navire eft de fon
parti moyennant quoi cette fimple declaration
fera cenfee etablir le fait, et difpenfera les
deux parties de toute vifite ulterieure.
ARTICLE XV.
Pour prevenir entierement tout defordre et
toute violence en pareil cas, il a ete ftipule
que lorfque des navires, de la partie neutre,
navigans fans convoi, rencontreront quelque
vaiffeau de guerre public ou particulier de
l'autre partie, le vaiffeau de guerre n'appro-
chera le navire neutre qu' au dela de la portee
du canon, et n'enverra pas plus de deux ou
trois hommes dans fa chaloupe a bord, pour
examiner les lettres de mer ou paifeports. Et
toutes les perfonnes appartenantes a quelque
vaiffeau de guerre public ou particulier, qui
molefteront ou infulteront en quelque ma-
•niere que ce foit Fequipage, les vaiffeaux ou
C 32^ 1
mages and intereft, fufficient fecurlty For which
ihall be given by all commanders of private ar-
med ve-lfels before they are commimoned.
ARTICLE XVI.
ydFejs not It is agreed that the fubje&s or citizens of
lined!6" eac^ °^ ^e contracting parties, their veffels
and effects, mall not be liable to any embargo
or detention on the part of the other, for any
military expedition, or other public or private
purpofe whatfoever. And in all cafes of feizure,
detention or arreft, for debts contracted oy
offences committed by any citizen or fubject of
the one party, within the jurifdiction of the
other, the fame Ihall be made and profecuted
by order and authority of law only, and ac-
cording to the regular courfe of proceedings
ufual in fuch cafes.
ARTICLE XVII.
when re- If ^ny veffel or effects of the neutral power
captured, \ye taken by an enemy of the other, or by a
feei-dLred. pirate, and retaken by that other, they fhall
be brought into fome port of one of the par-
ties, and delivered into the cuftody of the of-
ficers of that port, in order to be reftored en-
. tire to the true proprietor, as foon as due proof
ihall be made concerning the property thereof.
ARTICLE XVIII.
vdfeis If the citizens or fubjects of either party,
ftrd^of7 *n danger from tempefls, pirates, enemies or
■weather, other accident, mall take refuge with their
ike into vefl"e}s or effects, within the harbours or iurif-
ports, ihall ' J
oe protec- diction of the other, they ihall be received,
protected and treated with humanity and kind-
[ 3*7 1
effets de Pautre partie, feront refponfables ea
leurs perfonnes et en leurs biens, de tous dom-
mages et interets ; pour lesquels il fera donne
caution fuffifante par tous les commandans de
vaiffeaux armes en courfe, avant qu'ils re-
$oivent leurs commiffions.
ARTICLE XVI.
11 a ete convenu que les fujets ou citoyens de
Tune des parties contra&antes, leurs vaiffeaux
ni effets, ne pourrdnt etre affujettis a aucun
embargo, ni retenus de la part de Fautre pour
quelque expedition militaire, ufage public ou
particulier de qui que ce foit. Et dans les cas
de faille, de detention, ou d'arret, foit pour
dettes contraclees, ou offenfes commifes par
quelque citoyen ou fujet de Fune des parties
contra&antes dans la jurifdi&ion de Fautre,
on procedera uniquement par ordre et autorite
de la juftice et fuivant les voyes ordinaires en
pareil cas ufitees.
ARTICLE XVII.
S'il arrivoit que les batimens ou effets de
la puiffance neutre fuffent pris par Fennemi de
Fautre, ou par un pirate, et enfuite repris par
la puiffance en guerre, ils feront conduits dans
un port de Fune des deux parties contra&antes
et remis a la garde des officiers du port, afin
d'etre reftitues en entier au proprietaire legi-
time, des qu'il aura duement conflate fon
droit de propriete.
ARTICLE XVIII.
Lorfque les citoyens ou fujets de Fune des
deux parties contraclantes feront forces par
des tempetes, par la pourfuite des corfaires ou
vaiffeaux ennemis, ou par quelqu* autre acci-
dent, a fe refugier avec leurs vaiffeaux ou ef-
fets dans les havres, ou dans la jurifdiclion ck
[ 3*S 3
nefs, arid (hall be permitted to furniih them-
felves, at reafonable prices, with all refrefh-
ments, provifions and other things neceffary
for their fuflenance, health and accommoda-
tion, and for the repair of their veffels.
ARTICLE XIX.
VefTcis of The veiTels of war, public and private, of
war may \)0th parties, mall carry freely wherefoever they
prlzL into pleafe, the veffels and effects taken from their
the portsof enemies, without being obliged to pay any du-
tion. ties, charges or rees to officers or admiralty,
of the cuftoms, or any others, nor mall fuch
prizes be arretted, fearched or put under legal
procefs, when they come to and enter the
ports of the other party, but may freely be
carried out again at any time by their captors
to the places exprefTed in their commiffions,
which the commanding- officer of fuch veffel
mail be obliged to fliew. But no veffel which
mail Inve made prizes on the fubje&s of his
Moll Chriflian Majeiiy the King of France,
mail have a right of afylum in the ports or ha-
vens of the faid United States ; and if any
fuch be forced therein by temped or dangers
of the fea, they mail be obliged to depart as
foon as poffible, according to the tenor of the
treaties, exifting between his faid Mofl Chrif-
tian Majeiiy and the faid United States.
/ ARTICLE XX:
Citizens of . . . .
either par- .No citizen or lubjector either or the con-
takecora0t tra&mg parties mall take from any power with
millions, or which the other may be at war, any commif-
!narque°,f non or letter °f niarque. for arming any veffel
fremaftate to aft as a privateer againft the other, on pain
&rSh5?. °*" bein& puuifhed as a pirate -? nor mall either
C 329 ]
l'autre, ils feront re9iis, proteges et traitea
avec humanite et honnetete. II leur fera per-
mis de fe pourvoir a. un prix raifonable de ra-
fraichiffemens, de provifions et de toutes chofes
neceffaires pour leur fubfiftance, fante et com-
modite, et pour la reparation de leurs vaif-
feaux.
ARTICLE XIX.
Les vaiffeaux de guerre publics et particu-
liers des deux parties contraclantes, pourront
conduire en toute liberte, par tout ou il leur
plaira, les vaiffeaux et eftets qu'ils auront pris
fur leurs ennemis, -fans etre obliges de payer
aucuns impots, charges ou droits aux officiers
de l'amiraute, des douanes ou autres. Ces
prifes ne pourront etre non plus ni arretees,
ni vifitees, ni foumifes a des procedures le-
gales, en entrant dans le port de l'autre partie,
mais elles pourront en fortir librement, et etre
conduites en tout temps par le vahTeau pre-
neur aux endroits portes par les commiffions,
dont Fofficier. commandant le dit vaiffeau fera
oblige de faire montre. Mais tout vaiffeau qui
aura fait des prifes fur les fujets de fa Majefle
tres Chretienne le Roi de France, ne fauroit
obtenirun droit d'afile dans les ports ou havres
des Etats Unis ; et s'il etoit force d'y entrer
par des tempetes ou dangers de mer, il fera
oblige d'en repartir le plutot poffible, confor-
mement a la teneur des traites fubfiftants en-
tre fa Majefle tres Chretienne et les Etats Unis.
ARTICLE XX.
Aucun citoyen ou fujet de l'une des deux
parties contraclantes n'acceptera d* une puif-
fance avec laquelle l'autre pourroit etre en
guerre, ni commiffion, ni lettre de marque,
pour armer en courfe contre cette derniere,
fous peine d' etre puni comme pirate. Et ni
Vol. II. T 2
[ 33° 3
party hire, lend or give any part of their na-
val or military force to the enemy of the
other, to aid them orTenfively or defenfively
againd that other.
ARTICLE XXI.
Reguia- If the two contracting parties mould be en-
tkms to be gaged in war againft a common enemy, the
Lie of war. following points fhall be obferved between
them.
iff. If a veflel of one of the parties, retaken
by a privateer of the other, fhall not have been
in poflefiion of the enemy more than twenty-
four hours, me fhall be reflored to the firft
owner for one- third of the value of the veflel
and cargo ; but if fhe fhall have been more
than twenty-four hours in poflefiion of the ene-
my, (he fhall belong wholly to the recaptor.
2d. If in the fame cafe the recapture were by
a public veflel of war of the one party, refti-
tution fhall be made to the owner for one-thir-
tieth part of the value of the veflel and cargo,
if fhe fhall not have been in pofleflion of the
enemy more than twenty- four hours, and one-
tenth of the faid value where fhe fhall have
been longer, which fums fhall be diftributed
in gratuities to the recaptors. 3d. The refti-
tution in the cafes aforefaid, fhall be after due
proof of property, and furety given for the
part to which the recaptors are entitled. 4th.
The veflels of war, public and private, of the
two parties, fhall be reciprocally admitted with
their prizes into the refpeclive ports of each ;
but the faid prizes fhall not be difcharged nor
fold there, until their legality fhall have been
decided, according to the laws and regulations
of the ftates to which the captor belongs, but
by the judicatures of the place into which the
[ 33l ]
Tun ni l'autre des deux Etats ne Iouera, pre-
tera ou donnera une partie de fes forces na-
vales ou militaires a Pennemi de l'autre, pour
Paider a agir offenfivement ou defenfivement
contre Petat qui eft en guerre.
ARTICLE XXL
S'il arrivoit que les deux parties contract-
antes fufient en meme temps en guerre contre
un ennemi commun, on obfervera de part et
d' autre les points fuivants.
i. Si les batimens de Pune des deux nations
reprispar les arrnateurs de Pautre,jn'ont pas ete
aupouvoir de Pennemi au de la de vingt-quatre
heures, ils feront reftitues au premier proprie-
taire moyennant le payement du tiers de la
valeur du batiment et de la cargaifon : fi au
contraire le vaifleau repris a ete plus de vingt-
quatre heures au pouvoir de Pennemi, il ap-
partiendra en entier a celui qui Pa repris.
2. Dans le cas qu'un navire eft repris par un
vaifleau de guerre de Pune des puiflances con-
tractantes, il fera rendu au proprietaire, moy-
ennant qu'il paye un trentieme du navire et
de la cargaifon, fi le batiment n'a pas ete plus
de vingt-quatre heures au pouvoir de Pennemi,
et le dixieme de cette valeur, s'il y a ete plus
long-temps, lefquelles fommes feront diftri-
buees en guife de gratification a ceux qui
Pauront repris. 3. Dans ces cas la reftitution
n'aura lieu qu'apres les preuves faites de la
propriete, fous caution de la quote-part qui en
revient a celui qui a repris le navire. 4. Les
vaiffeaux de guerre publics et particuliers des
deux parties contractantes feront admis re-
ciproquement avec leurs prifes dans les ports
refpeftifs ; cependant ces prifes ne pourront
y etre dechargees ni vendues, qu' apres que
lajegitimite de la prife aura ete dccidee fui-
C 332 ]
prize mall have been conducted. . 5th. It mall
be free to each party to make fuch regulations
as they fhall judge neceffary for the conduct,
of their refpective veffels of war, public and
private, relative to the veffels which they fhall
take and carry into the ports of the two par-
ties.
ARTICLE XXII.
Convoys in Where the parties fhall have a common ene-
my,or fhall both be neutral, the veffels of war of
each fhall, upon all occafions, take under their
protection the veffels of the other going the
fame courfe, and mail defend fuch veffels as
long as they hold the fame courfe, againft all
force and violence, in the fame manner as they
ought to protect and defend veffels belonging
to the party of which they are,
certain
cafes.
In cafe of
ARTICLE XXIII.
If war mould arife between the two con-
xvar, nine tracting parties, the merchants of either coun-
loWto1 try? tnen refiding in the other, fhall be allowed
citizens ts to remain nine months to collect their debts
affairsl- Cir an(^ fettle their affairs, and may depart freely,
carrying off all their effects, without molefla-
tion or hindrance : And all women and chil-
dren, fcholars of every faculty, cultivators of
the earth, artizans, manufacturers and fifher-
raen unarmed and inhabiting unfortified towns,
villages or places, and in general all others
whofe occupations are for the common fubfif-
tence and benefit of mankind, fhall be allowed
to continue their refpe£live employments, and
fhall not be moleiled in their perfons, nor fhall
C 333 ]
vant les loixet reglemens de 1'etat dont le pre-
neur eft fujet, mais par la juftice du lieu oii
la prife aura ete conduite. 5. II fera libre a
chacune des parties contra&antes de faire tels
reglemens qu' elles jugeront necefl'aires, rela-
tivement a la conduite que devront tenir re-
fpectivement leurs vaifleaux de guerre publics
et particuliers, a P egard des batimens qu'ils
auront pris et amenes dans les ports des deux
puiffances.
ARTICLE XXII.
Lorfque les parties contractantes feront en-
gagers en guerre contre un ennemi commun,
ou qu' elles feront neutres toutes deux, les
vaifleaux de guerre de l'une prendront en
toute occafion, fous leur protection, les navires
de l'autre, qui font avec eux la meme route,
et ils les defendront, auffi long-temps qu'ils fe-
ront voile enfemble, contre toute force et vio-
lence et de la meme maniere qu'ils protege-
roient et defendroient les navires de leur pro-
pre nation.
ARTICLE XXIII.
S'il furvient une guerre entre les parties
contractantes, les marchands del'un des deux
Etats qui refideront dans l'autre, auront la per-
miffion d'y refler encore neuf mois, pour re-
cueillir leurs dettes acliives, et arranger leurs
affaires, apres quoi ils pourront partir en toute
liberte et emporter tous leurs biens, fans etre
moleftes ni empeches. Les femmes et les en-
fans, les gens de lettres de toutes les facultes,
les cultivateurs, artifans, manufacluriers et
pecheurs, qui ne font point armes et qui ha-
bitent des villes, villages ou places qui ne font
pas fortifies, et en general tous ceux dont la
vocation tend a la fubfiflance et a l'avantage
commun du genre humain, auront la liberte
of conduct-
ing war
C 334 J
their houfes or goods be burnt, or otherwife
deftroyed, nor their fields wafted by the armed
principles force of the enemy, into whofe power, by the
events of war, they may happen to fall ; but if
any thing is neceflary to be taken from them
for the ufe of fuch armed force, the fame mall
be paid for at a reafonable price. And all mer-
chant and trading vefTels employed in exchang-
ing the produces of different places, and there-
by rendering the neceflaries, conveniencies and
comforts of human life more eafy to be obtain-
ed, and more general, mall be allowed to pafs
free and unmolefted ; and neither of the con-
miffions to trading powers mall grant or iffue any com-
be granted mifflon to any private armed velfels, empower-
armed vef- ing them to take or deftroy fuch trading veffels
fcis. or interrupt fuch commerce*
Treatment
ARTICLE XXIV.
And to prevent the deft ruction of prifoners
of prisoners of war, by fending them into diftant and in-
of war re- clement countries, or by crouding them into
clofe and noxious places, the two contracting
parties folemnly pledge themfelves to each
other, and to the world, that they will not
adopt any fuch practice ; that neither will fend
the prifoners whom they may take from the
other into the Eaft-Indies, or any other parts
of Afia or Africa, but that they fhall be placed
in fome part of their dominions in Europe or
America, in wholefome fituations ; that they
fhall not be confined in dungeons, prifon-fhips,
nor prifons, nor be put into irons, nor bound,
nor otherwife reftrained in the ufe of their
limbs ; that the officers fhall be enlarged on
C 335 J
de continuer leurs profeffions refpeclives, et ne
feront point moleftes en leurs perfonnes, ni
leurs maifons, ou Jeurs biens incendies, ou
autrement detruits, ni leurs dhamps ravages
par les armees de l'ennemi au pouvoir duquel
ils pourroient tomber par les evenemens de la
guerre ; mais li Ton fe trouve dans la neceffite
de prendre quelque chofe de leurs proprietes
pour l'ufage de 1'armee ennemie, la valeur en
fera payee a un prix raifonnable. Tous les
vaiffeaux marchands et commercans, employe's
a Techange des productions de difFerens en-
droits, et par confequent deilines a faciliter
et repandre les neceffites, les commodites et les
douceurs de la vie, pafferont librement et fans
etre moleftes. Et les deux puiffances contrac-
tantes s'engagent a n'accorder aucune com-
miffion a des vaiffeaux amies en courfe, qui les
autorisat a prendre ou a detruire ces fortes de
vaiffeaux marchands, ou a interrompre le com-
merce.
ARTICLE XXIV.
Ann d'adoucir le fort des prifonniers de
guerre, et ne les point expofer a etre envoyes
dans des climats eloignes et rigoureux, ou
refferres dans des habitations etroites et mal-
faines, les deux parties contraclantes s'en-
gagent folemnellement Fune envers l'autre, et
a la face de 1'univers, qu'elles n'adopteront
aucun de ces ufages ; que les prifonniers
qu'elles pourroient faire Tune fur l'autre ne
feront tranfportes ni aux Indes Orientales, ni
dans aucune contree de 1' Afie ou de 1' Afrique,
mais qu'on leur affignera en Europe ou en
Amerique,dans les territoires refpectifs des par-
ties contra&antes, un fejour fitue dans un air
fain ; qu'ils ne feront point confines dans des
cachots, ni dans des prifons, ni dans des vaif-
- [ 336 J
Treatment their paroles within convenient diflricts, and
ofpiifoner* have comfortable quarters, and the common
guiatea. men be difpofed in cantonments open and ex-
tenfive enoughfor air and exercife, and lodged
in barracks as roomly and good as are provi-
ded by the party in whofe power they are for
their own troops ; that the officers mail alfo
be daily furnimed by the party in whofe power
they are, with as many rations, and of the
fame articles and quality as are allowed by
them, either in kind or by commutation, to
officers of equal rank in their own army ; and
all others mall be daily furnimed by them
with fuch ration as they allow to a common
foldier in their own fervice ; the value where-
of (hall be paid by the other party on a mu-
tual adjuftment of accounts for the fubfiftence
of prifoners at the clofe of the war ; and the
faid accounts fhall not be mingled with, or fet
off againft any others, nor the balances due
on them, be withheld as a fatisfaclion or re-
prifal for any other article, or for any other
caufe, real or pretended, whatever ; that each
party fhall be allowed to keep a commiffary
of prifoners of their own appointment, with
every feparate cantonment of prifoners in pof-
feffion of the other, which commiffary fhall fee
the prifoners as often as he pleafes, fhall be
allowed to receive and diftribute whatever
comforts may be fent to them by their friends,
and fhall be free to make his reports in open
letters to thofe who employ him ; but if any of-
ficer fhall break his parole, or any other pri-
soner fhall efcape from the limits of his can-
tonment, after they fhall have been defignated
to him, fuch individual officer or other prifon-
er, fhall forfeit fo much of the benefit of this
article as provides for his enlargement on pa-
C 337 ]
feaux de prifon ; qu'ils ne feront pas mis atlx;
fers, ni garrottes, hi autrementprives de Pufagd
de leurs membres ; que les officiers feront re-*
laches fur leur parole d'honneur, dans Fen-*
ceinte de certains diftri&s qui leur feron-t fixes*
et qu'on leur accofdera des logemens com-
modes ; que les fimples foldats feront diftri-
bues dans des cantonnemensouverts,afTez varies
pour prendre Pair et Pexcercice, et qu'ils fe-*-
ront log^s dans des barraques auffi fpatieufes
et auffi commodes que le font celles des troupes
de la puiflance au pouvoir delaquelle fe trou-
vent les prifonniers. Que cette puifTance fera
pourvoir journellement les officiers d'autant
de rations, compofees des memes articles et
de la meme qualite, dont jouiffent en nature
ou en equivalent, les officiers du meme rang
qui font a fon propre fervice ; qu'elle fournira
egalement a tous les autres prifonniers une
ration pareille a celle qui eft accordee au fol-
dat de fa propre armee. Le montant de ces
depenfes fera paye par Pautre puiflance,
d'apres une liquidation de compte a arreter
reciproquement pour Pentretien des prifon-
niers a la fin de la guerre ; et ces comptes ne
feront point confondus ou balances avec d'au-
tres comptes, ni la folde. qui en eft due, rete-
nue comme compenfation ou reprefailles, pour
tel autre article ou telle autre pretention reelle
ou fuppofee. II fera permis a chacune des
deux puiifances d'entretenir un commiffalre de
leur choix, dans chaque cantonnement des pri-
fonniers qui font au pouvoir de Pautre ; ces
commiffaires auroht la liberte de vifiter les
prifonniers, auffi fouvent quails Je defireront;
ils pourront egalement recevoir et diftrihuer les
douceurs que les parens ou amis des prifon-
ftiers leur feront parvenir. Enfin il leur fera
Vol. II. Va
[ 33« ]
role or cantonment. And it is declared, that
neither the pretence that war diffolves all trea-
ties, nor any other whatever, fhall be confider-
ed as annulling or fufpending this and the
next preceding article ; but, on the contrary,
that the ftate of war is precifely that for which
they are provided, and during which they are
to be as facredly cbferved as the moft. acknow-
ledged articles in the law of nature or nations.
ARTICLE XXV.
The two contracting parties grant to each
other the liberty of having each in the ports of
Cofifuis, tne other, confuls, vice-confuls, agents and
&c. to he commifTaries of their own appointment, whofe
the portsof functions fhall be regulated by particular
each na- agreement whenever either party fhall chufe
to make fuch appointment ; but if any fuch
confuls fhall exercife commerce, they fhall be
fubmitted to the fame laws and ufages to which
the private individuals of their nation are fub-
mitted in the fame place.
&ii favors ARTICLE XXVI.
•named to If either party fhall hereafter grant to any
another na- other nation, any particular favour in naviga-
tion oyone , • n 11 • vii_
party fhall tion or commerce, it mail immediately become
become common to the other party, freely, where it
common to.ri . rii •
the other, is ireely granteda to inch other nation, or on
C 339 ]
libre encore de faire leurs rapports par lettres
ouvertes, aceux quiles employ ent; mais fiun
officier manquoit a fa parole d'honneur, ou
qu'un autre prifonnier fortit des limites qui
auront ete fixees a fon cantonnement, un tel
officier ou un autre prifonnier fera fruftre in-
dividuellement des avantages flipules dans
cet article, pour fa relaxation fur parole d'hon-
neur ou pour fon cantonnement. Les deux
puiffances contraclantes ont declare en outre,
que, ni le pretexte que la guerre rompt les
traites, ni tel autre motif quelconque, ne fe-
ront cenfes annuller ou fufpendre cet article et
le precedent ; mais qu'au contraire le temps
de la guerre eft precifement celui pour lequel
ils ont ete flipules, et durant lequel ils feront
obferves auffi faintement que les articles les
plus univerfellement reconnus par le droit de
la nature et des gens.
ARTICLE XXV.
Les deux parties contraclantes fe font ac-
corde mutuellement la faculte de tenir dans
leurs ports refpeclifs, des confuls, vice-confuls,
agens et comminaires de leur choix et dont les
fonclions feront determinees par un arrange-
ment particulier, lorfque Tune des deux puif-
fances aura nomme a. ces poftes. Mais dans le
cas que tel, ou autre de ces confuls, veuille
faire le commerce, il fera foumis aux memes
loix et ufages, aux-quels font foumis les par-
ticuliers de fa nation a 1'endroit ou il refide.
ARTICLE XXVI.
Lorfque Tune des deux parties contrattantes
accordera dans la fuite quelque faveur parti-
culiere en fait de navigation ou de commerce
a d'autres nations, elle deviendra auffitot com-
nmne a Fautre partie contraftante, et celle-«
r 340 3
yielding the compenfatioti where fuch nation
does the fame.
ARTICLE XXVII.
His Majefty the King of Pruffia, and the
United States of America, agree, that this
Durationof treaty fhall be in force during the term of ten
years from the exchange of ratifications ; and
if the expiration of that term mould happen
during the courfe of a war between them,
then the articles before provided for the regula-
tion of their conduct during fuch a war, fhall con-
tinue in force until the conclufion of the treaty
which fhall re-eftablifh peace ; and that this
treaty fhall be ratified on both fides, and the
ratifications exchanged within one year from
the day of its fignature.
In tejiimony whereof, the Plenipotentiaries be-
fore mentioned, have hereto fubfcribed their
names , and affixed their feals, at the places
of their refpeclive refidence, and at the dates
expreffed under their fever al fgnatures.
F. G. de Thulemeier. (l. s.)
A laHayele 10 Septembre, 1785.
John Adams. (l. s.)
London, Auguft 5, 1785.
B. Franklin. (l. s.)
Paffy, July 9, 1785,
Th. Jefferson. (l. s.)
Paris, July 28, 1785.
[ 34i ]
jomra de cetts faveur, gratuitemcnt, fi la con-
ceffion eft gratuite, ou en accordant la me me
compenfation fi la conceffion eft conditionelle.
ARTICLE XXVII.
Sa Majefte le Roi de Prune et les Etats
Unis de l'Amerique font convenus que le pre-
fent traite aura fon plein effet pendant l'efpace
de dfx ans a compter du jour de 1'echangedes
ratifications, et que fi l'expiration de ce terme
arrivoit dans le cours d'une guerre entre eux,
les articles ci-deflus ftipules pour regler leur
conduite en temps de guerre, conlerveront
toute leur force, jufqu' a la conclufion du
traite qui retablira la paix. Le prefent traite
fera ratifie de part et d'autre, et les ratifica-
tions ferontechangees, dans l'efpace d'une an-
nee, a. compter du jour de la fignature.
En foi de.quoi les Plenipotentiaires fits nommes
ont figne le prefent traite et y ont appose le
cachet de leurs amies , aux lieux de leur do-
micile refpeclif ainfi qifil fera exprime cu
dejfous.
F. G. de Thulemeier. (l. s.)
A la Haye le 10 Septembre, 1785.
John Adams. . (l. s.)
London, Augufh 5, 1785.
B. Franklin. (l. s.)
Taffy, July 9, 1785.
Th. Jefferson. (l. s.)
Paris, July 28, 1785.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE v
HEAD-MEN AND WARRIORS
OF THE
CHEROKEE S.
ORIGINAL.
ARTICLES
Concluded at Hopewell, on the Keowee, between
Benjamin Hawkins, Andrew Pickens, Jo-
feph Martin, and Lachlan M'lntofh, Com-
miffioners Plenipotentiary of the United States
of America, of the one Part, and the Head-
Men and Warriors of all the Cherokees of
the other.
""HE Commiffioners Plenipotentiary of the
United States, in Congrefs aiTembled,
give peace to all the Cherokees, and receive
,them into the favour and prote&ion of the
United States of America, on the following
conditions :
ARTICLE I.
The Head-Men and Warriors of all the Che-
rokees mail reftore all the prifoners, citizens Indians to
reftore stil
of the United States, or fubjecls of their al- prifoners,
lies, to their entire liberty : They fliall alfo
reftore all the Negroes, and all other proper-
i ty taken during the late war from the citizens,
to fuch perfon, and at fuch time and place, as
the Commiffioners ihall appoint.
Boundarie
[ 344 1
ARTICLE II.
The Commiffioners of the United States in
iimicd Congrefs affembled, fhall reflore all the pri-
reftore all f°ners taken from the Indians, during the late
prifcwiera. war, to the Head-Men and Warriors of the
Cherokees, as early as is practicable.
ARTICLE III.
cherokees The faid Indians for themfelves and their
ackcow- refpeclive tribes and towns do acknowledge all
tcdlonof tne Cherokees to be under the proteclipn of
u- s. the United States of America, and of no other
fovereign whofoever.
ARTICLE IV.
The boundary allotted to the Cherokees
for their hunting grounds, between the faid
" Indians and the citizens of the United States,
within the limits of the United States of Ame-
rica, is, and fhall be the following, viz. Begin-
ning at the mouth of Duck river, on the Te-
neffee ; thence running north- eaft to the ridge
dividing the waters running into Cumberland
from thofe running into the Teneifee ; thence
eaftwardly along the faid ridge to a north*
eaft line to be run, which fhall ftrike the ri-
ver Cumberland forty miles above Nafhville ;
thence along the faid line to the river ; thence
up the faid river to the ford where the Ken-
tucky road croifes the river ; thence to Camp-
bell's line, near Cumberland gap ; thence to
the mouth of Claud's creek on Kolftein ;
thence to the Chimney-top mountain ; thence
to Camp-creek, near the mouth of Big Lirrie-
ft©ne, on Noiichuckey ; thence a foutheriy
courfe fix miles to a mountain ; thence fouth
to the North-Carolina line ; thence to the •
South-Carolina Indian boundary,, and along
the fame fouth-weft over the top of the Oco-£J
fees' mountain till it ihdl ftrike Tugalo river j,
C 345 ] *
thence a direct line to the top of the Currohee
mountain ; thence to the head of the fouth
fork of Oconee river.
ARTICLE V.
If any citizen of the United States, or other No c;tjzen
perfon not being an Indian, fhall attempt to of u- s- to
fettle on any of the lands weflward or fouth- ^a kJk,
ward of the faid boundary which are hereby al-
lotted to the Indians for their hunting grounds,
or having already fettled and will not remove
from the fame within fix months after the ra-
tification of this treaty, fuch perfon fhall for-
feit the protection of the United States, and
the Indians may purrifh him or not as they
pleafe : Provided neverthelefs, That this arti-
cle fhall / not extend to the people fettled be-
tween the fork of French Broad and Holftein
rivers, whofe particular fituation fhall be tranf-
mitted to the United States in Congrefs affem-
bled for their decifion thereon, which the In-
dians agree to abide by. ,
ARTICLE VI.
If any Indian or Indians, or perfon reflding in&$m to
among them, or who fhall take refuge in their deliver up
nation, fhall commit a robbery, or murder, or crimina s'
other capital crime, on any citizen of the Uni-
ted States, or perfon under their protection,
the nation, or the tribe to which fuch offender
or offenders may belong, fhall be bound to
deliver him or them up to be punifhed accord-
ing to the ordinances of the United States :
Provided, that the punifhment fhall not be
greater than if the robbery or murder, or other
capital crime had been committed by a citizen
on a citizen.
ARTICLE VIL
If any citizen of the United States, or per-
fon under their protection, fhall commit a rob-
Vol. II. X 2
[ 346 ]
citizens of bery or murder, or other capital crime, on any
mining0"1" Indian, fuch offender or offenders mall be pu-
crif!lc* nifhed in the fame manner as if the murder or
afaus to be robbery, or other capital crime, had been com-
punifhed, mittedon a citizen of the United States ; andthe
punifhment mail be in prefence of fome of
the Cherokees, if any mail attend at the time
and place, and that they may have an oppor-
tunity fo to do, due notice of the time of fuch
intended punifhment fhall be fent to fome one
of the tribes.
ARTICLE VIII.
It is underftood that the punifhment of the
R^taT^t)"°n innocent under the idea of retaliation, is un-
' juft, and mail not be pra&ifed on either fide,
except where there is a manifefl violation of
this treaty ; and then it fhall be preceded firft
by a demand of juftice, and if refufed, then by
a declaration of hoflilities.
ARTICLE IX.
u. states to For the benefit and comfort of the Indians,
trade! £ and f°r the prevention of injuries or oppref-
fions on the part of the citizens or Indians, the
United States in Congrefs affembled fhall have
the fole and exclufive right of regulating the
trade with the Indians, and managing all their
affairs in fuch manner as they think proper.
ARTICLE X.
provifion Until the pleafure of Congrefs be known,
tor trade, reflecting the ninth article, all traders, citi-
zens of the United States, fhall have liberty
to go to any of the tribes or towns of the Che-
rokees to trade with them, and they fhall be
protected in their perfons and property, and
kindly treated.
ARTICLE XL
The faid Indians mall give notice to the ci-
tizens of the United States, of any defigns
C 347 3
wliich they may know or fufpeft to be formed r»d;ans »°
j j x pivc notice
in any neighbouring tribe, or by any perfon 0fdef.gns
wKofoever, againfl the peace, trade or intereft g^airifl: u'
of the United States.
ARTICLE XII.
That the Indians may have full confidence IndIa?*
in the juftice of the United States, reflecting deputy to
their interefls, they mail have the right to fend CoaS&!*'
a deputy of their choice, whenever they think
fit, to Congrefs.
ARTICLE XIII.
The hatchet fhall be forever buried, and the Peace and
peace given by the United States, and friend- friendfhip
fhip re-eftablifhed between the faid dates on PerPetuaK
the one part, and all the Cherokees on the o-
ther, mall be univerfal ; and the contracting
parties mall ufe their utmoft endeavours to
maintain the peace given as aforefaid, and
friendfhip re*eflabliihed.
IN WITNESS of all and every thing herein
determined, between the United States, of
America, and all the Cherokees, We, their
underwritten Commiffioners, by virtue of
our full powers y have figned this definitive
treaty, and have caufed our feals to be here-
unto affixed.
DONE at Hopewell, on the Keowee, this
twenty-eighth of November, in the year
cf our Lord one thoufand /even hundred
and eighty-five*
Benjamin Hawkins, CL,S'J
Andw. Pickens, (l.s.J
jfos. Martin, ( l.s.J
Lath'n M'IntoJh, (l. s.J
Koatohee, or Corn TafTel
of Toquo, his >4 mark- (l. s. J
[ 348 ]
Scholauetta, or Hanging Man
ofChota, his X mark, (l.s.)
: Tujkegatahu, or Long Fellow
of Chiftohoe, his M mark, (l.s.)
Oq/kwha, or Abraham
ofChilkowa, his H mark. (l.s. J
Kolaku/ia, or Prince
ofNoth, hisMmark. (l.s.)
Newota, or The Gritzs
of Chicamaga, hisH mark. (l.s. J
Konaiota, or the Rifmg Fawn
of Highwaffay, his X mark. (l.s. J
Tuckafee, or Young Tarrapin
ofAllajoy, his M mark, (l.s.)
Toojiaka, or the Waker
ofOoftanawa, his H mark, (l.s.)
Untoola, or Gun Rod
ofSeteco, his H mark. (l.s. J
TJnfuokanail, Buffalo White Calf
New CuiTee, his M mark. (l.s. J
Koftayeak9 or
Sharp Fellow Wataga, his H mark, (l.s.)
Chonqfta, of Cowe, his M mark, (l.s.)
Chefcoonwho, Bird in elofe
ofTomotlug, his M mark, (l.s.)
Tuckafee, or Tarrapin
ofHightowa, his Jxj mark, (l.s.)
Chefetoa, or the Rabbit
ofTlacoa, his M mark, (l.s.)
Chefecotetona, or Yellow Bird
of the Pine Log, his H mark. fz. s.^
Sketalojka, Second Man
ofTillico, his H mark, (l.s.)
Chokafatahe, Chickafaw
Killer Tafonta, his ><! mark, (l.s.)
OnanoGta, of Koofoatee, his X mark, (l.s.)
Ookofeta, or Sower Mufh
of Kooloque, hisMmark. (l.s.)
C 349 ]
Umatooetha, the Water Hunter,
Choikamawga, his M mark. (z. s. )
Wyuka,
of Lookout Mountain his jx* mark. ( z. s )
Tuko, or Tom of Chatuga, his ^ mark. (:■
Will, of Akoha, his [*} mark, fz.s.)
Necatee, of Sawta, his H mark. fz.s.)
Amokontakona, Kutcloa, his X mark. ( l. s. )
Kozaetatabee, in
Frog-Town, hisM mark. (z. s.)
Keukuch, Talkoa, his X mark, (z, s.)
Tulatijka, of Chaway, his X mark, fz.s.)
Wooaluka, the Way- layer,
Chota, his X mark. (z> s.)
TatUvjla, or Porpus
ofTilaffi, his M mark. (z. s.)
John, of Little Tallico, hisX mark. ■ ( z. s.)
Skelelak, his M mark. (z. s.)
Akonoluchta, the Cabin, his M mark. (z. s.)
Cheanoka,ofK.zwet2Lk2iC9 his W mark. (z. s.)
Yellow Bird) hisM mark. (z. s. )
Witness: Wm. Blount. Saml. Taylor,
Major. John Owen. Jefs Walton. Jno. Cow-
an, Capt. Commandant. Thos. Gegg. W.
frlazzard. Sworn Interpreters, James Madifon,
Arthur Coodey.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
CHOCTAW NATION.
pimul'.WjmHIIIHI
ORIGINAL.
ARTICLES OF A TREATY
Concluded at Hopewell, on the Keowee9 near
Seneca Old Town, between Benjamin Haw- ,
kins, Andrew Pickens and Jofeph Martin,
Commijf oners Plenipotentiary of the United .
States of America, of the one part ; and Yock~
onahoma, great Medal Chief of Soonacoha ;
Yockahoopoie, leading Chief of Bugtoogoloo ;
Mingohoopoie, leading Chief of Hajhooqua ;
Tobocoh, great Medal Chief of Congetoo ;
Poofhemaftubie, Gorget Captain ofSenayazo ;
and thirteen fmall Medal Chiefs of the fir (I
Clafs, twelve Medal and Gorget Captains^
Commijfioners Plenipotentiary of all the Choc-
taw Nation, of the other part.
THE Commiffioners Plenipotentiary of the
United States of America give peace to
all the Choctaw nation, and receive them into
the favour and protection of the United States
of America, on the following conditions.
ARTICLE I.
The Commiffioners Plenipotentiary of all Indians t»
the Choctaw nation, fhall reftore all the pri- ZmS.w'
[ 35* 1
foners, citizens of the United States, or fub-
jecls of their allies, to their entire liberty, if
any there be in the Cho&aw nation. They
ihall alfo reitore all the negroes, and all other
property taken during the late war, from the
citizens, to fuch perfon, and at fuch time and
place as theCommimoners of the UnitedStates
of America mail appoint, if any there be in
the Cha&aw nation.
ARTICLE II.
They ac- The Commiffioners Plenipotentiary of all
knowledge tjje Choctaw nation, do hereby acknowledge
protection « „ ' / . o
of u, s. the tribes and towns ox the laid nation, and
the lands with the boundary allotted to the
faid Indians to live and hunt on, as mentioned
in the third article, to be under the protection
- of the United States of America, and of no
other fovereign whofoever.
' ARTICLE III.
Boundaries, i The boundary of the lands hereby allotted
to the Choctaw nation to live and hunt on,
within the limits of the United States of
America, is and mall be the following, viz.
Beginning at a point on the thirty- firft degree
of north latitude, where the Eaftern boundary
of the Matches diflricl: mall touch the fame ;
thence eafl along the faid thirty-firit degree
of north latitude, being the fouthern boundary
of the United States of America, until it iliall
ftrike the eaftern boundary of the lands on
which fhe Indians of the faid nation did live
and hunt on the twenty-ninth of November,
one thoufand feven hundred and eighty-two,
while they were under the protection of the |
King of Great-Britain ; thence northerly along
the faid eaftern boundary, until it mall meet
the northern boundary of the faid lands ;
thence welter iy along the faid northern boun-
E 353 J
dary, until it fliall meet the weftern boundary
thereof; thence foutherly along the fame to
the beginning : faving and referring for the
eflablifhment of trading polls, three tracts or
parcels of land of fix miles fquare each, at
fuch places as the United States in Congrefs
aifembled fhall think proper ; which polls, and
the lands annexed to them, fhall be to the ufe
and under the government of the United
States of America.
ARTICLE IV,
If any citizen of the United States, or other 3sTo citizen
perfon not being an Indian, mall attempt to .2* ymted
fettle on any ~of the lands hereby allotted to fhall fettle
the Indians to live and hunt on, fuch perfon ™JJdiaa
fhall forfeit the protection of the United States
of America, and the Indians may punilh him
or not as they pleafe.
ARTICLE V.
If any Indian or Indians, or perfons, refid- Indians ta
ing among them, or who fhall take refuge in deliver up
their -nation, fhall commit a robbery or mur-
der or other capital crime on any citizen of the
United States of America, or perfon under
their protection, the tribe to which fuch offen-
der may belong, or the nation, lhall be bound
to deliver him or them up to be punifhed ac-
cording to the ordinances of the United States
in Congrefs aifembled : Provided, that the pu-
nifhment fhall not be greater than if the rob-
bery or murder, or other capital crime, had
been committed by a citizen on a citizen,
ARTICLE VI.
If any citizen of the United States of Ame* citizens of
rica, or perfon under their protection, fhall u: s: comt
commit a robbery or murder, or other capital crimes a-
crime, on any Indian, fuch offender or offend- g?inftIn;
n it % • n • ' r t d'ans to be
ers ihall be punifhed m the fame manner as it puai&ed.
, Vol. II. Ya
t 354 I
the robbery or murder, or other capital crimen
had been committed on a citizen of the United
States of America ; and the punimment mail
be in prefence of fome of the Cho&aws, if any
will attend at the time and place; and that they
may have an opportunity fo to do, due notice,
if practicable, of the time of fuch intended pu-
nimment, (hall be fent to fome one of the tribes.
ARTICLE VII.
Retaiiaton ft [s underftood that the punimment of the
innocent, under the idea of retaliation, is un-
jufl, and mall not be pra&ifed on either fide,
except where there is a manifeft violation of
this treaty ; and then it fhall be preceded, firft
by a demand of juflice, and if refufed, then by
a declaration of hiftilities.
ARTICLE VIII.
For the benefit and comfort of the Indians,
u. states and for the prevention of injuries or oppref-
to regelate f10ns on the part of the citizens or Indians,
the United States in Congrefs aflembled, fhall
have the fole and exclufive right of regulating
the trade with the Indians, and managing all
their affairs in fuch manner as they think
proper*
ARTICLE IX.
Special Until the pleafure of Congrefs be known,
provifion refpe&ing the eighth article, all traders, citi-
fer trade. zens Qf the Tjmted States of America, (hall
have liberty to go to any of the tribes or towns
of the Cho&aws, to trade with them, and they
fhall be protected in their perfons and proper-
ty, and kindly treated.
ARTICLE X.
Jve^otice The faid Indians fhall give notice to the ci-
•f defigns tizens of the United States of America, of any
sum. defigns which they may know or fufpeft to be
I 355 1
formed in any neighbouring tribe, ©r by any
perfon whofoever, againft the peace, trade or
intereft of the United States of America.
ARTICLE XI.
The hatchet fhall be forever buried, and the pcace and
peace given by the United States of America, fri«»dflii»
and friendship re-eflablifhed between the faid perpe
Hates on the one part, and all the Cho&aw na-
tion on the other part, fhall be univerfal ; and
the contracting parties fhall ufe their utmoft
endeavours to maintain the peace given as
aforefaid, and friend {hip re-eftablifhed.
IN WITNESS of all and every thing herein
determined, between the United States of
America and all the Chodtaws, we, their un-
derwritten Commiflioners, by virtue of our
full powers, have figned this definitive trea-
. ty, and have caufed our feals to be hereun-
to affixed*
DONE at Hopewell, on the Keowee, this
third day of January, in the year of our
Lord one thoufand feven hundred and
eighty-fix.
Benjamin Hawkins*
(l.
s.)
Andrew Pickens,
(l.
s.)
Jos. Martin, (
(l.
s.)
1 ockenahoma,
his H mark.
(l.
■g.)
Tockehoopoie,
his X mark.
(l.
s.)
Mingohoopoie,
his |xj mark.
(l.
s.)
JTobocoh,
his jxj mark.
(l.
s.)
Psofhemqftuby*,
his M mark.
(l.
s.)
Poojhahooma,
his i*l mark.
(l.
■o
ITufcoonoohoopoie,
his X mark.
(l.
S.J
Shinjhemajluby,
his H mark.
(l.
s.)
Xoopakooma,
his >4 mark.
(l.
j.%
^Uomkoohoopoie,
his H mark.
(l.
*.}
t 3P5« ]
Tehakuhbay, his X mark. (l.
Poqfhemqjiuby, his M mark. (l.
Titjkkahoomocb, his W mark. (l.
Tujhkahoomochi his X mark. (l.
Toojienochha, his ^ mark. (l. s.
Tootehooma, his M mark, (l, s.
cToobenohoomoch, his X mark. (l. s.
GJhecoopoohoomoth9 his H mark. (l. s.
Stonakoohoopoie^ his {xj mark. (l. s.
Tujhkoheegohta, his W mark. (l. s.
Tejhnhenochlochs his >4 mark. (l. s-.
Poq/honaltlay his Xmark. (l. s.
Okanconnoobay his x mark, (l. s.
Autoonachuba9 his j*< mark. (l. s.
Pangekookch} his x mark. (l. s.
Steabee, . his ><} mark. (l. s.
Tenetehenna, his X mark. (l. s.
Tujhkementahock, his M mark. (l. s.
Tujhtallayy his H mark. (l. s.y
Cjhnaangchabbcti his fcxj mark. (i». s.)
Cunnopoie, his H mark, (l. s.)
Witness : Wm. Blount, John Woods,
Saml. Taylor, Robert Anderfon, Benj. Law*
ranee, John Pitghlynn, James, Cole? Inter*
preters*
Articles of a Treaty
BETWEEN' THE
UNITED STATES OF AMERICA,
AND THE
C E I € K A S A W S.
ORIGINAL.
ARTICLES OF A TREATY,
Concluded at Hopewell, an the Keowee, near
Seneca Old Town, between Benjamin Haw-
kins, Andrew Pickens, and J'ofeph Martin,
Commiffioners Plenipotentiary of the United
States of America, of the one Part; and Fio-
mingo, Head Warrior and Firft Minijler of
theChickafaw Nation; Mingatufhka, one of the
leading Chiefs ; and Latopoia, jirft beloved
Man of the f aid Nation, Commiffioners Plenipo-
tentiary of all the Chickafaws of the other Part.
THE Commimoners Plenipotentiary of the
United States of America give peace to
the Chickafaw Nation, and receive them into
the favour and protection of the faid States,, on
the following conditions.
ARTICLE I.
The Commiffioners Plenipotentiary of the
Chickafaw nation, mall reftore all the prifon- inikmsts
ers, citizens of the United States, to their en- reflore pri-
tire liberty, if any there be in the Chickafaw property.
nation. They mall alfo reftore all the negroes,
and all other property taken during the late
war, from the citizens -? if any there be in th@
r. 358 }
Chickafaw nation, to fuch perfon, ana at fuck
time and place, as the ComraifTioners of the
United States of America (hall appoint.
ARTICLE II.
Actnow- The Commiffioners Plenipotentiary of the
ShoiTof Chickafaws, do hereby acknowledge the tribei
u. s. and the towns of the Chickafaw nation, to be
under the protection of the United States of
America^ and of no other fovereign whofoever.
ARTICLE III.
The boundary of the lands hereby allotted
tfcranda- tQ ^ chickafaw nation to live and hunt on,
within the limits of the United States of Ame-
rica, is, and mall be the following, viz. Begin-
ning on the ridge that divides the waters run-
ning into the Cumberland, from thofe running
into the Teneffee, at a point in a line to be run
north-eaft, which mail flrike the Teneffee, at
the mouth of Duck river 5 thence running weft-
erly along the faid ridge, till it fhall ftrike the
Ohio; thence down thefouthern banks thereof
to theMiffifippl; thence down the fame, to the
Choctaw line of Natches diflricl:; thence along
the'faid line, or the line of the diflricl: eaftwardly
as far as the Chickafaws claimed, and lived and
hunted on, the twenty-ninth of November,
one thoufand feven hundred and eighty-two*.
Thence the faid boundary, eaftwardly, fhall be
the lands allotted to the Choctaws and Chero-
kees to live and hunt on, and the lands at pre-
fentin the poffeffion of the Creeks; faving and
referving for theeftablifhment of a trading poft,
a tract or parcel of land to be laid out at the
lower poft of the Mufcle flioals, at the mouth
of Ocochappo, in a circle, the diameter of
which fhall be five miles on the * river,
which poft, and the lands annexed thereto, fhall
* "ifhe name of 'S»c River not in the original, ,
I 359 1
fce to the ufe and under the government of the
United States of America.
ARTICLE IV.
If any citizen of the United States, or other No dtizeas.
perfon not being an Indian, mail attempt to j^JJ f£g
fettle on any of the lands hereby allotted to on lediaa
the Chickafaws to live and hunt on, fuch per- iands"
fon mail forfeit the protection of the United
States of America, and the Chickafaws may
punifh him or not as they pleafe.
ARTICLE V.
If any Indian or Indians, or perfons refiding
among them, or who fhall take refuge in their ind.ian9t»
nation, ihall commit a robbery or murder, or crimiaai*.
other capital crime, on any citizen of the Uni-
ted States, or perfon under their protection,
the tribe to which fuch offender or offenders
may belong, or the nation, mall be bound to
deliver him or them up to be punifhed accor-
ing to the ordinances of the United States in
Congrefs alfembled : Provided, that the pu-
nifhment fhall not be greater, than if the rob-
bery or murder, or other capital crime, had
been committed by a citizen on a citizen.
ARTICLE VI.
If any citizen of the United States of CItizeivs6f
America, or perfon under their protection, u. s. com-
fhall commit a robbery or murder, or other "!?tmg
J 7 crimes
capital crime, on any Indian, fuch offender or againft in-
offenders Ihall be punifhed in the fame man- JSSl*
ner as if the robbery or murder or other capi-
tal crime had been.committed on a citizen of
the United States of America ; and the pu-
nifhment fhall be in prefence of fome of the
Chickafaws, if any will attend at the time and
place, and that they may have an opportunity
fo to do, due notice, if practicable, of fuch in-
tended punifhment, fhall be fent to fome one
©f the tribes.
r 3e° i
ARTICLE VII.
It is understood that the punifhment of the
Retaliation innocent under the idea of retaliation is unjuft,
framed, and ihall not be pra&ifed on either fide, except
where there is a manifeft violation of this trea-
ty ; and then it fhall be preceded, flrit by a de-
mand of juftice, and if refufed, then by a de-
claration of hoftiiities.
ARTICLE VIH.
u. states to For the benefit and comfort of the Indians,
regulate anc[ for ^e prevention of injuries or oppref-
fions on the part of the citizens or Indians, the
United States in Congrefs aflembled ihall have
the fole and exclufive right of regulating the
trade with the Indians, and managing all their
affairs in fuch manner as they think proper.
ARTICLE IX.
s eciai Until the pleafure of Congrefs be known
proviiion refpefting the eighth article, all traders, citi-
for trade. zem Q£ ttle United States, fhall have liberty to
go to any of the tribes or towns of the Chicka-
faws to trade with them, and they fhall be pro-
tected in their perfons and property, and kind-
ly treated.
ARTICLE X.
Indians to ^^e k1^ In^ians ma^ giye notice to the ci-
give notice tizens of the United States of America, of
Mvhffn! ally defigns which they may know or fufpecl to
-States. be formed in any neighbouring tribe, or by
any perfon whofoever, againff. the peace, trade
or interefts of the United States of America.
ARTICLE XI.
The hatchet fhall be forever buried, and the
friendQiip peace given by the United States of America,
perpetual. and friendfliip re-eftablifhed between the faid
States on the one part, and the GJiickafaw na-
tion on the other part, fhall be univerfal; and
[ 36< ]
the contracting parties fhall ufe their utmofl
endeavours to maintain the peace given as
aforefaid, and friendfhip re-eftablifhed.
IN WITNESS of all and every thing here-
in contained, between the faid States and
Chickafaws, we, their under-written Com-
miffioners, by virtue of our full powers,
have figned this definitive treaty, and
have caufed our feals to be hereunto af-
fixed.
DONE at Hopewell, on the Keowee, thi$
tenth day of January, in the Tear of our
Lord, one tboufand feven hundred an4
eighty-fix.
Benjamin Hawkins, (z. s.)
Andw. Pickens, (z. s.)
Jos. Martin, (z. s.)
Piomingo, his M mark. (z. s.)
Minvatufhka, his M mark. (z. s.~)
hatopoia, his M mark. (z. s.)
Witnefs : Wm. Blount, Wm. Hazzard9
Sam. Taylor. James Cole, Sworn Interpreter,
Vol. II. Z 2
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
CHIEFS AND WARRIORS
OF THE
SHAWANOE NATION.
niiiiiiiiwranr—
ORIGINAL,
ARTICLES OF A TREATY
Concluded at the Month of the Great Miami9
on the North-wefiern Bank of the Ohio, the
thirty-firjl day of January, one thoufand fe- .
njen hundred and eighty-fix, between the Com-
jniffioners Plenipotentiary of the United States
of America, of the one Part, and the Chiefs .
and Warriors of the Shawanoe Nation, of
the other Part. ^
ARTICLE L
THREE hoftages fliall be immediately de- Hoftages
livered to the Commiffioners, to remain delivered
in the poffeffion of the United States until all XSSJ
the prifoners, white and black, taken in the ftored,
late war from among the citizens of the United
States, by the Shawanoe nation, or by any
other Indian or Indians rending in their towns,
mail be reftored.
ARTICLE II.
. The Shawanoe nation do acknowledge the gfjwkdge
United States to be the fole and abfolute fove- right of
[ 3^4 ]
Great -
Britain
To deliver
u.s.toter- reigns of all the territory ceded to them by a
dcc[byCC" treaty °f peace, made between them and the
King of Great-Britain, the fourteenth day of
January, one thoufand feven hundred and
eighty-four.
ARTICLE III.
If any Indian or Indians of the Shawanoe
up crimi- nation, or any other Indian or Indians refiding
in their towns, fhall commit murder or rob-
bery on, or do any injury to the citizens of the
United States, or any of them, that nation
fhall deliver fuch offender or offenders to the
officer commanding the neareft poll of the
United States, to be punifhed according to the
ordinances of Congrefs; and in like manner,
any citizen of the United States, who fhall do
an injury to any Indian of the Shawanoe na-
tion, or to any other Indian or Indians refiding
in their towns, and under their protection,
fhall be punifhed according to the laws of the
United States.
To give
notice of
defigns
againft
12. States.
ARTICLE IV.
The Shawanoe nation having knowledge of'
the intention of any nation or body of Indians
to make war on the citizens of the United'
States, or of their counfelling together for that
purpofe, and neglecting to give information
thereof to the commanding officer of the near
eft poft of the United States, fhall be consi-
dered as parties in fuch war, and be punifhed
accordingly : and the United States fhall idjf
like manner inform the Shawanoes of any ift*
jury defigned againft them.
ARTICLE V.
peaceStoC The United States do grant peace to the
the shawa- Shawanoe nation, and do receive them into
Se».Na" their friendiiiip and prote£tion»
. t 365 3
ARTICLE VI.
The United States do allot to the Shawanoe Allot to
nation, lands within their territory to live and them cer-
hunt upon, beginning at the fouth line of the
lands allotted to the Wiandots and Delaware
nations, at the place where the main branch
of the Great Miami, which falls into the. Ohio,
interfe&s faid line; then down the river Miami,
to the fork of that river, next below the old
fort which was taken by the French in one
thoufand feven hundred and fifty-two ; thence
due weft to the river de la Panfe ; then down,
that river to the river Wabafh, beyond which
lines none of the citizens of the United States
mail fettle, nor difturb the Shawanoes in their
fettlement and poffemons ; and the Shawanoes
do relinquish to the United States, all title,
or pretence of title, they ever had to the lands
eaft, weft and fouth, of the eaft, weft and
fouth lines before defcribed.
ARTICLE VII.
If any citizen or citizens of the United No e[^tcn
States, fhall prefume to fettle upon the lands ef u. s, to
allotted to the Shawanoes by this treaty, he Indian"
or they fhall be put out of the protection of the lands.
United States.
IN TESTIMONY whereof, the parties
hereunto have affixed their hands and
feals, the day and year firft above-men--'
tioned.
G. Clark, (l. s.)
Richard Butler, (l. s.)
Saml. H. Parfons, (l. s.)
Aweecony, his X mark. (l. s.)
Kakawipilathy, his r*! mark. (l. s.)
Malunthy, his M mark. (l. s.)
Mufquauconocafj, his M mark. (l. s.)
C 366 3
Meanymfecah, his X mark. (l. s.)
Waupaiicowela, his M mark. (l. s.)
Nihipeewa, his M mark. (l. s.)
Nihinejficoe, his M mark. (l. s.)
Attefl : Alexander Campbell, S'ec'ry Commif-
fioriers.
WITNESSES:
W. Finney, Maj. B. B.
Thos. Boyle, Capt. B. B.
Nathan M'Dowell, Enfign.
^o&z Safenger^
Henry Govy,
Kagy Galloway, his X mark;
&jt«. Montgomery,
Daniel Elliot,
J 'antes Rinker,
Nathl. Smith,
jofeph Suffreiri, his P< mark, or Kemepeme
Shav/no.
Jfaac Zane, (Wiandot) his Mmark.
The Half Kin? of the Wiandots, ?!><!,. 1
T>6^ Craw* of the Wiandots, J >< JieirmarKS'
C#£tf. Pi/>*, 0/* /£<? Delaware*, his M mark.
C#/tf. Bohongehelas, his X mark,,
Tetebockjhieka, his M mark.
Tfo i% Cz/ of the Delaware*, his M mark*
Pierre Droullar* "
TREATY
O F
PEACE AND FRIENDSHIP
BETWEEN THE
United States of America,
AND
His Imperial Majefty
THE
EMPEROR OF MOROCCO,
To all Perjons to ivhom thefe Prefent&Jhall come or be made Invwn*
HEREAS the United States of Amer
rica, in Congrefs aflembled, by their
eommiflion bearing date the twelfth day of
May, one thoufand feyen hundred and eighty-
four, thought proper to conftitute John Adams,
JSenjamin Franklin, and Thomas Jefferfon,
their Minifters Plenipotentiary, giving to them,
or a majority of them, full powers to confer,
treat and negociate with the Ambaifador, Mi-
nifter, or Commiflioner of his Majefty the
Emperor of Morocco, concerning a treaty of
amity and commerce ; to make and receive
proportions for fuch treaty, and to conclude
and fign the fame, tranfmitting it to the United
States in Congrefs aflembled, for their final
ratification ; and by one other commiilion, bear-
ing date the eleventh day of March, one thou-
fand feven hundred and eighty-five, did further
empower the faid Minifters Plenipotentiary, or,
a majority of them, by writing under their
hands and feals, to appoint fuch agent in the
faid bufinefs as they might think proper, with
authority under the directions and inftru£tion^
C 363 ]
•of thefaid Miniflers, to commence and profe-
cute the faid negociations and conferences for
the faid treaty, provided that the faid treaty
iliould be figned by the faid Minifters : And
whereas we, the faid John Adams and Thomas
JefFerfon, two of the faid Minifters Plenipoten-
tiary (the faid Benjamin Franklin being abfent)
by writing under the hand and feal of the faid
John Adams at London, October the fifth,
one thoufand feven hundred and eighty-five,
and of the faid Thomas JefFerfon at Paris,
October the eleventh of the fame year, did
appoint Thomas Barclay, agent in the bufinefs )
aforefaid, giving him the powers therein, which, |
by the faid fecond commiffion, we were autho-
rized to give, and the faid Thomas Barclay, in ,
purfuance thereof, hath arranged articles for
a treaty of amity and commerce between the
United States of America, and his Majefly the J
Emperor of Morocco, which articles, written
in the Arabic language, confirmed by his faid |
Majefly the Emperor of Morocco, and fealed
with his royal feal, being tranilated into the
language of the faid United States of America,
together with the atteftations thereto annexed,
&re in the following words, to wit :
^ i
\ f
In the Name of Almighty God.
THIS is a Treaty of Peace and Friend/hip
eitablifhed between us and the United States
of America, which is confirmed, and which
we have ordered to be written in this bcok^
C 369 ]
and fealed with our royal feal, at our court of
Morocco, on the twenty-fifth day of the blef-
fed month of Shaban, in the year one thou-
fand two hundred, truflingin God it will re-
main permanent.
ARTICLE L
We declare that both parties have agreed
that this treaty, confifting of twenty-five arti- SSTt'o
cles, mall be inferted in this book, and deli- the treaty,
vered to the Honorable Thomas Barclay, the
agent of the United States, now at our court,
with whofe approbation it has been made, and
who is duly authorized on their part to treat
with us concerning all the matters contained
therein.
ARTICLE IL 4 jSyheLit
If either of the parties fhali be at war with take com-
any nation whatever, the other party fhall not ™om°the
take a commiffion from the enemy, nor fight enemy of
j ^1 • 1 J ' ° the other,
under their colours.
ARTICLE III.
If either of the parties mail be at war with
any nation whatever, and take a prize belong-
ing to that nation, and there fhall be found Regulation
on board fubjecls or effects belonging to ei- captur^
ther of the parties, the fubjefts fhall be fet at
liberty, and the effects returned to the owners.
And if any goods belonging to any nation,
with whom either of the parties fhall be at
war, fhall be loaded on veffels belonging to
the other party, they fhall pafs free and un-
molefted, without any attempt being made to
take or detain them.
ARTICLE IV.
A fignal or pafs fhall be given to all veffels signal, or
belonging to both parties, by which they are p?f jj°gfi
(to be known when they meet at fea j and if ve^fe*
Vol IL A 3
C 37° J
"A
the commander of a fhip of war of either par-
ty mail have other mips under his convoy, the
declaiation of the commander mall alone be
fufficient to exempt any of them from exami-
nation.
ARTICLE V.
How vef- If either of the parties mail be at war, and
examined56 ma^ meet a ve^el at fea belonging to the
in time of other, it is agreed, that if an examination is to
be made, it mail be done by fending ?. boat
with two or three men only ; and if any gun
fhalFbe fired, and injury done without reafon,
the offending party lhall make good all da-
mages.
ARTICLE VI.
citizens of ^ anY Moor mail bring citizens of the Uni-
theu.states ted States, or their effects, to his Majefty, the
bSeafed. citizens fhall immediately be fet at liberty, and
the effects reftored ; and in like manner, if any
Moor, not a fubject of thefe dominions, fhall
make prize of any of the citizens of America,
or their effects, and bring them into any of the
ports of his Majefty, they fhall be immediate-
ly releafed, as they will then be confidered as
under his Majefty' s protection.
ARTICLE VII.
Veffefe If any veffel of either party fhall put into a
wanting port 0f the other, and have occafion for pro-
be Lrnifli- vifions or other fupplie's, they fhall be furnifh-
cd- ed without any interruption or moleftation.
ARTICLE VIII.
Provifion if any Veffel of the United States fhall meet
in cafe of . , -, . r n r , . r
misiaitune. with a ciiiaiter at lea, and put into one or our
ports to repair, fhe fliall be at liberty to land
and re-load her cargo, without paying any du-
ty whatever.
[ 37* ]
ARTICLE IX.
If any veffel of the United States mall be Regulation
caft on more on any part of our coafts, fhe j?.cafe °*
In id wreck
mall remain at the difpofition of the owners, and being'
and no one mall attempt going near her with- forcedinto
out their approbation, as fhe is then confider-
ed particularly under our protection ; and if
any veffel of the United States mall be forced
to put into our ports by ftrefs of weather, or
otherwife, me mail not be compelled to land
her cargo, but mall remain in tranquility until
the commander- mall think proper to proceed
on his voyage.
ARTICLE X.
If any veffel of either of the parties mall Vefleispro-
have an engagement with a veffel belonging certain"1
to any of the Chriftian powers within gun mot cafes'
of the forts of the other, the veffel fo engaged
mall be defended and protected as much as pof- »
fible until Ihe is in fafety ; and if any American
veffel mall be call on more on the coaft of Wad-
noon, or any coaft thereabout, the people be-
longing to her mall be protected and affifted,
until, by the help of God, they mall be fent
to their country.
ARTICLE XL
If we mail be at war with any Chriftian ^fSTm
power, and any of our veffels fail from the cafe of war,
ports of the United States, no veffel belonging
to the enemy, mail follow until twenty-four
hours after the departure of our veffels j and
the fame regulation fhall be obferved towards
the American veffels failing from our ports,
be their enemies Moors or Chriftians,
ARTICLE XII. M .
If any fhip of war belonging to the United warbeiong-
States mail put into any of our ports, fhe fhall in8to u- 5-
. , x . , J L , not to be
not be examined on any pretence whatever, examined.
C 372 ]
even though me mould have fugitive flaves on
board, nor (hall the governor or commander
Ships of of the place compel them to be brought on
war to be more on any pretext, nor require any payment
for them.
ARTICLE XIII.
If a fhip of war of either party fhall put into
a port of the other and falute, it fhall be re-
turned from the fort with an equal number of
guns
not with more or lefs.
ARTICLE XIV.
commerce The commerce with the United States fhall
fngof the " be on the fame footing as is the commerce with
moft favor- Spain, or as that with the moft favoured nation
nation. ^ t^e ^me bejng • anci their citizens fhall be
refpected and efleemed, and have full liberty
to pafs and repafs our country and feaports
whenever they pleafe, without interruption.
ARTICLE XV.
Privileges Merchants of both countries (hall employ
chanS" om"y mcn interpreters, and fuch other perfons
to afiift them in their bufmefs, as they fhall
think proper. No commander of a vefiel fhall
tranfport his cargo on board another vefTel ;
he fhall not be detained in port longer than
he may think proper ; and all perfons employ-
ed in loading or unloading goods, or in any
other labour whatever, fhall be paid at the cuf-
1 tomary rates, not more and not lefs.
ARTICLE XVI,
, r In cafe of a war between the parties, the
In eafe 01 * '
war,pnfon- pnloners are not to be made Haves, but to be
br5enflav0ci excnanged 0Re ^cl" another, captain for cap-
but,ex- ' tain, officer for officer, and one private man
^hanged. £or another ; and if there mail prove a defici-
ency on either fide, it fhall be made up by
the payment of one hundred Mexican dollars,
[ 373 ]
for each perfon wanting. And it is agreed
that all prifoners fhall be exchanged in twelve
months from the time of their being taken,
and that this exchange may be effected by a
merchant or any other perion authorized by
either of the parties.
ARTICLE XVII. Merchant,
may buy &
Merchants fhall not be compelled to buy or feu ail
fell any kind of goods but fuch as they ihall cepfthofe
think proper ; and may buy and fell ail forts prohibited
of merchandize but fuch as are prohibited to chriman
the other Chrifiian nations. nations,
ARTICLE XVIII.
All goods fhall be weighed and examined
before they are fent on board, and to avoid all Goods to be
, . r rr i • • n n r examined
detention or veileis, no examination ihall ai- before fehr
terwards be made, unlefs it ihall iiril be pro- onb°ar<},&
ved that contraband goods have been fent on uniefs \n
board, in which cafe, the perfons who took the "fe ,cf
contraband goods on board, fhall be punifhed
according to the ufage and cuftom of the coun-
try, and no other perfon whatever mall be in-
jured, nor mall the fhip or cargo incur any pe-
nalty or damage whatever.
ARTICLE XIX.
No veiTel fhall be detained in port on any
I pretence whatever, nor be obliged to take on to^'e'L"0
board any articles without the confent of the tained;
commander, who mail he at full liberty to
agree for the freight of any goods he takes on
i board.
ARTICLE XX.
If any of the citizens of the United States,
or any perfons under their protection, (hall Howdtf-
have any difputes with each other, the conful £" fettled11
fhall decide between the parties, and whene-
5 yer the conful fhall require any aid or alhflance
How
C 374 ]
from our government, to enforce his decifions,
it mail be immediately granted to him.
ARTICLE XXI.
If a 'citizen of the United States mould kill
crimes fliaii or wound a Moor, or, on the contrary, if a
be punifh- Moor {hall kin or wound a citizcn 0f the Uni-
ted States, the law of the country mall take
place, and equal juftice fhall be rendered, the
conful affifting at the trial ; and if any delin-
quent mail make his efcape, the conful fhall
not be anfwerable for him in any manner what-
ever.
ARTICLE XXII.
Howeftatca ^ an American citizen fhall die in our coun-
of deceafed try, and no will fhall appear, the conful fhall
ftiaiTbe'dif- ta^e poffeffion of his effects ; and if there fhall
pofed of. be no conful, the effefts fhall be depofited in
the hands cf fome perfon worthy of truft, until
the party fhall appear who has a right to de-
mand them ; but if the heir to the perfon de-
ceafed be prefent, the property fhall be deli-
vered to him without interruption ; and if a
will fhall appear, the property fhall defcend
agreeable to that will, as foon as the conful
fhall declare the validity thereof.
ARTICLE XXIII.
confuis & The confuls of the United States of America,
|eges.privi ^1 refide in any fea-port of our dominions ,
that they mail think proper ; and they fhall
be refpe£ted, and enjoy all the privileges which
the confuls of any other nation enjoy ; and if
any of the citizens of the United States fhall
contract any debts or engagements, the conful
fhall not be in any manner accountable for
them, unlefs he fhall have given a promife in
writing for the payment or fulfilling thereof,
without which promife in writing, no applica-
tion to him for any redrefs fhall be made.
[ 375 ]
ARTICLE XXIV.
If any differences mall arife by either parly
infringing on any of the articles of this treaty, Resul?"
peace and harmony mall remain notwithftand- cafe of wi*
ing, in the fulleft force, until a friendly appli-
cation mail be made for an arrangement, and
until that application mail be rejected, no ap-
peal Ihall be made to arms, And if a war fhall
break out between the parties, nine months
fhall be granted to all the fubjecls of both par-
ties, to difpofe of their effects and retire with
their property. And it is further declared, that
whatever indulgences, in trade or qtherwife,
fhall be granted to any of the Chriftian Powers,
the citizens of the United States fhall be equally
entitled to them.
ARTICLE XXV.
This treaty fhall continue in full force, with Duration oi
the help of God, for fifty years. tr£a£y"
Wejiave delivered this book into the hands
of the beforementioned Thomas Barclay, on
the firft day of the blefled month of Ramadan,
in the year one thoufand two hundred.
/ certify that the annexed is a true copy of the
tranflation made by Ifaac Cardoza JSfunez, in-
terpreter at Morocco^ of the treaty between the
Emperor of Morocco^ and the United States of
America.
THOMAS BARCLAY.
ADDITIONAL ARTICLE.
Grace to the only God.
I, the under-written, the fervant of God,
Taher Ben Abdelkack Fennifh, do certify,
that His Imperial Majefty, my matter, (whom
[ 37G ]
u!?fto°be ^oc* Pre^erve) having concluded a treaty of
proretfcd. peace and commerce with the United States
of America, has ordered me, the better to
conrpleat it, and in addition of the tenth ar-
ticle of the treaty, to declare, " That if any
" vefTel belonging to the United States, fhall
" be in any of the ports of his Majefty's do-
" minions, or within gun-mot of his forts,
" fhe mall be protected as much as poflible ;
" and no veffel whatever, belonging either to
<£ Mooriih or Chriflian Powers, with whom
Ci the United States may be at war, mall be
" permitted to follow or engage her, as we
6i now deem the citizens of America our good
" friends."
And, in obedience to his Majefty's com-
mands, 1 certify this declaration, by putting
my hand and feal to it, on the eighteenth day
of Ramadan,* in the year one thoufand two
hundred.
The fervant of the King, my Majler,
whom God prefer-ve,
Taher Ben Abdelkack Fennish.
/ do certify that the above is a true copy of the
tranjlation made at Morocco, by Ifaac Cordoza
Nunez, interpreter, of a declaration made and
Jigned by Sidi Hage Taher Fennifh, in addition
to the treaty between the Emperor of Morocco and
the United States of America, which declaration
the f aid Taher Fennifh made by the exprefs direc-
tions of his Majefiy.
THOMAS BARCLAY.
NOTE.
* The Ramadan of the year of the Hegira noo, commenced
ciR the s&tfe jtsu*-, ia the year oi'eiu* Lord i ;.;■_>.
t 377 ]
Now, know ye, That we, the faid John
Adams and Thomas Jefferfon, Minifters Ple-
nipotentiary aforefaid, do approve and con-
clude the faid treaty, and every article and
claufe therein contained, referving the fame
neverthelefs to the United States in Congrefs
alfembled, for their final ratification.
In tejlimony whereof, we have Jigned the fame
with our names and feals, at the places of our
refpeclive refidence, and at the dates exprejjed
under our fignatures rejpeclively,
JOHN ADAMS, (i,. s.)
London, January 25th, 1787.
THOMAS JEFFERSON, (l. s.)
Paris, January \fl, 1787.
Vol. II.
CONVENTION
BETWEEN
His Moft Chriftian Majefty
AND THE
UNITED STATES OF AMERICA.
TRANSLATION.
CONVENTION
Between His Moft Chriftian Majefty and the
United States of America, for the Purpofe of
defining and eftablifhing the Functions and
Privileges of their refpefitive Confuls and Vice-
Confuls.
HIS Majefty the Moft Chriftian King, and
the United States of America, having,
by the twenty-ninth article of the treaty of
amity and commerce concluded between them,
mutually granted the liberty of having, in
their respective ftates and ports, confuls, vice-
confuls, agents and commiflaries, and being
willing, in confequence thereof, to define and
eftablifh, in a reciprocal and permanent man-
ner, the functions and privileges of confuls
and vice-confuls, which they have judged it
convenient to eftablifh of preference, His Moft
Chriftian Majefty has nominated the Sieur
Count of Montmorin, of St. Herent, Mare-
chal of his Camps and Armies, Knight of his
Orders and of the Golden Fleece, his Coun-
fellor in all his Councils, Minifter and Secre-
tary of State, and of his Commandments and
Finances, having the department of Foreign
Affairs ; and the United States have nomina-
ted the Sieur Thomas Jefferfon, citizen of the
CONVENTION
ENTRE
le Roi tres Chretien,
ET LES
ETATS UNIS DE L' AMERIQUE
ORIGINAL.
CONVENTION
Entre le Roi tres Chretien, et les Etats Unis
de /'Amerique, a Veffet de determiner et fixer
les fonclions et prerogatives des Cmfuls et Vice-
Confuls refpeclifs.
SA Majefte le Roi tres Chretien, et les Etats
Unis de 1' Amerique, s'etant accordes mu-
tuellement par Part. XXIX, du traite d'amitie
et de commerce conclu entr'eux, la liberie de
tenir dans leurs Etats et ports refpeftifs, des
confuls, et vice-confuls, agens et commiflaires,
et voulant en confequence determiner et fixer
d'une maniere reciproque et permanente, les
fonftions et prerogatives des confuls, et vice-
confuls qu'ils ont juge convenable d'etablir de
preference, fa Majefte tres Chretienne a nomme
le Sieur Comte de Montmorin de St. Herent,
marechal de fes camps et armees, chevalier de
fes ordres et de la toifon-d'or, fon confeiller
en tous fes confeils, miniftte et fecretaire d*etat
et de fes commandements et finances, aiant le
departement des affaires etrangeres ; et les
Etats Unis ont nomme le Sieur Thomas jef-
ferfon, citoyen des Etats Unis de T Amerique,
ct .leur miniftre plenipotentiaire aupres dw
[ 38° :
Confuls to
prefent
eommif-
fions, and
i to be enti-
tled to an
extquatttrt
Privileges
af confute.
United States of America, and their Miniflcr
Plenipotentiary near the King, who, after hav-
ing communicated to each other their refpec-
tive full powers, have agreed on what follows :
ARTICLE I.
The confuls and vice-confuls named by the
Mo ft Chriftian King and the United States,
mail be bound to prefent their commiffions
according to the forms which fhall be eftab-
lifhed refpectively by the Mod Chriftian King
within his dominions, and by the Congrefs
within the United States. There fhall be de-
livered to them, without any charges, the ex-
equatur neceffary for the exercife of their func-
tions ; and on exhibiting the faid exequatur.
the governors, commanders, heads of juftice,
bodies corporate, tribunals and other officers
having authority in the ports and places of their
confulates, (hall caufe them to enjoy immedi-
ately, and without difficulty, the pre-eminences,
authority, and privileges, reciprocally granted,
without exacting from the faid confuls and
vice-confuls any fee, under any pretext what*
ever.
ARTICLE II.
The confuls and vice-confuls, and perfons
attached to their functions ; that is to fay :
their chancellors and fecretaries, fhali enjoy a
full and entire immunity for their chancery,
and the papers which fhall be therein contain-
ed. They mall be exempt from ail perfonal
fervice, from foldiers' billets, militia, watch,
guard, guardianfhip, truftee-mip, as well as
from all duties, taxes, impofitions and charges
whatfoever, except on the eftate real and per-
fonal of which they may be the proprietors or
poffeifors, which fhall be fubjecl: to the taxes;
impofed en the eftates of all other individuals :
I 3«« ]
Roi, lesquels, apres s'etre communique leurs
plcin-pouvoirs refpe&ifs font convenus de ce
qui fuit,
ARTICLE I.
Les confuls et vice-confuls nommes par Is
Roi tres Chretien et les Etas Unis feront te-
nus de prefenter leurs provifions felon la forme
qui fe trouvera etablie refpe&ivement par le
Roi tres ChrMen dans fes Etats, et par le
Congres dans les Etats Unis. On leur deliv-
rera fans aucuns fraix V exequatur neceffaire a
l'exercice de leurs fon&ions, et fur Pexhibition
qu'ils feront du dit exequatur, les gouverneurs,
commandants, chefs de juftice, les corps, tri-
bunaux ou autres officiers aiant autorite dans
les ports et lieux de leurs confulats, les y fe-
ront jouir auffitot et fans difficulte des preemi-
nences, autorite et privileges accordes recipro-
quement, fans qu'ils puiifent exiger des dits
confuls et vice-confuls aucun droit fous aucun
pretexte quelconque.
ARTICLE II.
Les confuls et vice-confuls et les perfonnes
attachees a leurs fondlions, favoir, leurs chan-
celiers et fecretaires, jou'iront d'une pleine et
entiere immunite pour leur chancellerie et les
papiers qui y feront renfermes. lis feront ex-
emts de tout fervice perfonnel, logement des
gens de guerre, milice, guet, garde, tutelle,
curatelle, ainli que de tous droits, taxes, im-
pofitions et charges quelconques, a Texcep-
tion feulement des biens meubles et immeubles
dont ils feroient proprietaires ou poffeifeurs,
lefquels feront aflujettis aux taxes impofees
fur ceux de tous autres particuliers, et a tous
[ 3*2 ]
And in all other inftances they (hail be fubject
to the laws of the land as the natives are.
Thofe ofthefaid confuls and vice-confuls who
ftiall exercife commerce, fhall be refpectively
fubject to all taxes, charges and impofitions
eftablifhed on other merchants. They fhall
place over the outward door of their houfe, the
arms of their fovereign ; but this mark of in-
dication fhall not give to the faid houfe any
privilege of afylum for any perfon or property
whatfoever.
ARTICLE III.
The refpective confuls and vice-confuls may
mafap- eftablifh agents in the different ports and pla-
point a- ces of their departments where necemty fhall
£cntt" require. Thefe agents may be chofen among
the merchants, either national or foreign, and
furnifhed with a eommiffion from one of the
faid confuls : They fhall confine themfelves
refpectively to the rendering to their refpec-
tive merchants, navigators and veffels, all pof-
fible fervice, and to inform the nearefl conful
of the wants ofthefaid merchants, navigators
and veffels, without the faid agents otherwife
participating in the immunities, rights and
privileges attributed to confuls and vice-con-
fuls, and without power under any pretext
whatever, to exact from the faid merchants any
duty or emolument whatfoever,
ARTICLE IV.
ConfuU The confuls and vice-confuls refpectively
may eiiab- may eftablifh a chancery, where fhall be de-
eery! ° an" pofited the confular determinations, acts and
proceedings, as alfo teftaments, obligations,
contracts, and other acts done by or between
perfons of their nation, and effects left by de-
ceafed perfons, or faved from fhipwreck. They
may confequently appoint fit perfons to act in
[ 3*3 3
egards ils demeureront fujets aux loix du pais
comme les nationaux. Ceux des dits confuls
et vice- confuls qui feront le commerce feront
refpedtivement affujettis a toutes les taxes,
charges et impofitions etablies fur les autres
negociants. Ils placeront fur la porte exte-
rieure de leurs maifons les armes de leur fou-
verain, fans que cette marque diflin&ive puilfe
dormer aux dites maifons le droit d'afile, foit
pour des perfonnes, foit pour des effets quel-
conques.
ARTICLE III.
Les confuls et vice-confuls refpeclifs pour-
ront etablir des agens dans les differens ports
et lieux de leurs departements ou le befoin
l'exigera ; ces agens pourront etre choifis par-
mi les negociants nationaux ou etrangers, et
munis de la commiflion de l'un des dits con-
fuls. lis fe renfermeront refpe&ivement a ren-
dre aux commercants, navigateurs et bitiments
refpedifs, to us les fervices poflibles, et a in-
former le conful le plus proche des befoins des
dits commercants, navigateurs et batiments,
fans que les dits agens puiffent autrement par-
ticiper aux immunites, droits et privileges at-
tribues aux confuls et vice-confuls, et fans
pouvoir fous aucun pretexte que ce foit, exiger
aucun droit ou emolument quelconque des dits
eommer cants.
ARTICLE IV.
Les confuls et vice-confuls refpedifs pour-
ront etablir une chancellerie ou feront depofes
les deliberations, acles et procedures conful-
aires, ainfi que les teftaments, obligations, con-
trats, et autres actes faits par les nationaux ou
entr'eux, et les effets delaiffes par mort, ou
fauves des naufrages. Ils pourront en confe-
quence commettre a Texercice de la dite chan-
C 384 ]
the faid chancery, receive and fwear them in,
commit to them the cuftody of the feal, and
authority to feal- commiffions, Xentences and
other confular acts, and alfo to difcharge the
functions of notary and regifter of the con-
fulate.
• ARTICLE V.
power and Xhe confuls and vice-confuls refpectively
coriuis. flita.ll have the exclufive right of receiving in
their chancery, or on board of veffels, the de-
clarations and all other the a£ls, which the cap-
tains, matters, crews, paffengers, and merchants
of their nation may chufe to make there, even
their teftaments and other difpofals by laft
will : And the copies of the faid acts, duly
authenticated by the faid confuls or vice-con-
fuls, under the feal of their confulate, ffiall re-
ceive faith in law, equally as their originals
would, in all the tribunals of the dominions of
the Moft Chriftian King, and of the United
States. They {hall alfo have, and exclufively,
in cafe of the abfence of the teflamentary exe-
cutor, adminiflrator or legal heir, the right to
inventory, liquidate and proceed to the fale of
the perfonal eftate left by fubjecls or citizens
of their nation, who mail die within the extent
of their confulate ; they mail proceed therein
with the amftance of two merchants of their
faid nation, or for want of them, of any other
at their choice, and ihall caufe to be depofited
in their chancery, the effeds and papers of the
faid eftates j and no officer, military, judiciary,
or of the police of the country, mall difturb
them or interfere therein, in any manner what-
foever : but the faid confuls and vice-confuls
mall not deliver up the faid effects, nor the pro-
ceeds thereof, to the lawful heirs, or to their
©rder, till they fhall have caufed to be paid all
[ 3*5 1
cellerie des perfonnes capables, les recevoir,
leur faire prefer ferment, leur donner la garde
du fceau et le droit de fceller les commiflions,
jugements et autres actes confulaires, ainfi que
d'y remplir les fonctions de notaire et gref-
fiers du confulat.
ARTICLE V.
Les confuls et vice-confuls refpectifs auront
le droit exclufif de recevoir dans leur chancel-
lerie, ou a bord des batirnents, les declara-
tions et tous les autres actes que les capitaines,
patrons, equipages, palfagers, et negociants
de leur nation voudront y pafler, meme leur
teftament et autres difpolitions de dernitre vo-
lonte, et les copies des dits actes duement
le'galifees par les dits confuls ou vice-confuls, et
nmnies du fceau de leur confulat, feront foi en
juftice comme le feroient les originaux dans
tous les tribunaux des etats du Roi tres Chre-
tien ct des Etats Unis. lis auront auffi, et ex-
clufivement, en cas d' abfence d'executeur tef-
tamentaire, curateur ou heritiers legitimes, le
droit de faire Pinventaire, la liquidation et de
proceder a la vente des effets mobiliers de la
fucceffion des fujets ou citoyens de leur nation,
qui viendront a mourir dans l'etendiie de leur
confulat. lis y procederont avec l'amfiance de
deux negocians de leur dite nation, ou a leur
defaut, de tout autre a leur choix, et feront
depofer dans leur chancellerie les effets et pa-
piers des dites fucceffions, fans qu'aucuus of-
ficiers militaires, de juftice, ou de police du
pais, puiflent les y troubler, ni y intervenir de
quelque raaniere que ce foit ; mais les dits con-
fuls et vice-confuls ne pourront faire la deliv-
rance des fucceffions et de leur produit aux
heritiers legitimes, ou a leurs mandataires,
qu'apres avoir fait acquitter toutes les dettes
Vol. II. C 3
C 3S6 ]
debts which the deceafed (hall have contracted
in the country ; for which purpofe the credi-
tors fhall have a right to attach the faid effects
in their hands, as they might in thole of any
other individual whatever, and proceed to ob-
tain fale of them till payment of what fhall be
lawfully due to them. When the debts mall
not have been contracted by judgment, deed
or note, the fignature whereof mall be known,
payment fhall not be ordered but on the credi-
tor's giving fufficient furety, refident in the
country, to refund the funis he fhall have un-
duly received, principal, intereff. and cofls ;
which furety neverthelefs mall fraud duly dif-
charged, after the term of one year in time of
peace, and of two in time of war, if the de-
mand in difcharge cannot be formed before
the end of this term again!! the heirs who mail
prefent themfelves. And in order that the heirs
may not be unjuftly kept out of the effects of
the deceafed, the confuls and vice-confuls fhall
notify his death in fome one of the gazettes
publifhed within their confulate, and that they
fhall retain the faid effects in their hands four
months to anfwer all demands which fhall be
prefented ; and they mail be bound after this
delay to deliver to the perfons fucceeding there-
to, what fhall be more than fufficient for the
demands which fhall have been formed.
ARTICLE VI.
The confuls and vice-confuls refpectively
Confuls to i^ajj reCeive the declarations, protefls and re-
receive cle- . ' * .
ciarations, ports of all captains and mailers or their re-
S°uin?of Tpective nation on account of average loffes
loffcsat/ca. fuffained at fea : and thefe captains and mat-
ters fhall lodge in the chancery of the laid
confuls and vice-confuls, the acts which they
may have made hi other ports on account of
C 3S7 3
que les defunts auront pu avoir contrattees
dans le pais ; a I'effet de cuoi les creanciers au-
ront droit de faifir les dits effets dans leurs
mains, de merae que dans celles de tout autre
individu quelconque, et en pourfuivre la vente
jufqu'au pai'ement de ce qui leur fera legitime-
ment du; lorfque les dettes n'auront ete con-
tractees par jugement, par a&e, ou par billet
dont la fignature fera reconniie, le pai'ement
ne pourra en etre orclonne qu'en fourniffant
par le creancier caution fuffifante et domiciliee
de rendre les fcmmes indiiementperciies, prin-
cipal, interets et fraix ; iefquelles cautions ce-
pendant demeureront djiiement dechargees
apres une annee, en terns 4e paix, et deux, en
tems de guerre, fi la dernaDde en decharge ne
peut etre formeee avant ces delais centre les
he'ritiers qui fe prefenteront. Et afin de ne
pas faire injuftement attendre aux he'ritiers les
effets du defunt, les confuls et vice-confuls fe-
ront annoncer fa mort dans quelqu* une des
gazettes qui fe publient dans l'etendiie de leur
confulat, et qu'ils retiendront les dits effets
fous leurs mains pendant quatre mois pour re-
pondre a toutes les demandes qui fe prefente-
ront : et ils feront tenus, apres ce delai, de
delivrer aux heritiers, l'excedent du montant
des demandes qui auront ete formees.
ARTICLE VI.
Les confuls et vice-confuls refpectifs recev-
ront les declarations, proteftations et rapports
de tons capitaines et patrons de leur nation re-
fpeclive, pour raifon d'avaries effuyees a la
mer, et ces capitaines et patrons remettront
dans la chancellerie des dits confuls et vice-
confuls les acles qu'ils auront faits dans d'au-
t-res ports pour les accidents qui leur feront
[ 3S3 ]
the accidents which may have happened to
them on their voyage. If a fubject. of the
Mod Chriftian King and a citizen of the Uni-
ted States, or a foreigner, are interefted in
the faid cargo, the average mail be fettled by
the tribunals of the country, and not by the
confuls or vice-confuis ; but when only the
fubjects or citizens of their own nation fhall
be interefted, the refpective confuls or vice-
confuls mall appoint (kiiful perfons to fettle
the damages and average.
ARTICLE VII.
rower of In cafes where, by temped or other acci-
cafeofhl dent, French mips or veffels mail be (handed
tfiipwreck. on the coafts of the United States, and mips
or veffels of the United States fliall be bran-
ded on the coafts of the dominions of the Molt
Chriflian King, the cenful or vice-conful near-
eft to the place of mipwreck mall do whate-
ver he may judge proper, as well for the pur-
pofe of faving the laid fiiip 6*r veffel, its cargo
and appurtenances, as for the floring and the
fecurity of the effects and merchandize faved.
He may take an inventory of them, without
the intermeddling of any officers of the mili-
tary, of the cuftoms, of juftice, or of the po-
lice of the country, other wife than to give to
the confuls, vice-confuis, captain and crew of
the veffel fhipwrecked or ilranded, all the fuc-
cour and favour which they mall aft: of them,
either for the expedition and fecurity of the
faving and of the effecls faved, or to prevent
all difturbance. And in order to prevent all
kind of diipute and difcuflion in the faid cafes
of mipwreck, it is agreed, that when there
fhall be no conful or vice-conful to attend to
the faving of the wreck, or that the refidence
of the faid conful or vice-conful (he not being
C "389 ]
arrives pendant leur voyage. Si un fujet du
Roi tres Chretien et un habitant des Etats
Unis, ou un etranger, font intereffes dans ia
dite cargaifon, 1'avarie fera reglee par les tri-
bunaux du pais, et non par les confuls et vice-
confuls; mais lorfqu'il n'y aura d'interefles
que les fujets ou citoyens de leur propre na-
tion, les confuls ou les vice- confuls refpeclifs
nommeront des experts pour regler les dom-
mages et avaries.
ARTICLE VII.
Dans le cas ou, par tempete, ou autres ac-
cidents, des vaiffeaux cu batiments Francais
echoiieront fur les cotes des Etats Unis, et des
vaiffeaux et batiments des Etats Unis echoiie-
ront fur les cotes des Etats de fa Majefte tres
Chretienne, le conful ou le vice-conful, le plus
proche du lieu du naufrage, paurra faire tout/
ce qu'il jugera convenable, tant pour fauver le
dit vaifleau ou batiment, fon chargement et
appartenances, que pour le magazinage et la
furete des effets fauves et marchandifes. II
pourra en faire 1'inventaire, fans qu* aucuns
officiers militaires, des doiianes, de jullice ou
de police du pais, puiifent s'y immifcer autre-
ment que pour faciliter aux confuls et vice-con-
fuls, capitaine et equipage du vaiifeau nau-
frage', ou echoF-e, tous les fecours et faveurs
qu'ils leur demanderont, foit pour Ja celerile,
et la furete du fauvetage et des effets fauves,
foit pour eviter tous defordres. Pour prevenir
meme toute efpece de confiit et de difcuflion
dans les dits cas de naufrage, il a ete convenu
erne lorfqu' il ne fe trouvera pas de conful ou
vice-conful pour faire travailler au fauvetage,
ou que la refidence du dit conful ou vice-con-
ful, qui ne fe .trouvera pas fur le lieu du nau-
C 39° 1
at the place of the wreck) fliall be more dif-
tant from the faid place than that of the com-
petent judge of the country, the latter (ball
. immediately proceed therein, with all the dif-
patch, certainty and precautions prefcribed by
the refpe&ive laws ; but the faid territorial
judge mall retire on the arrival of the conful
or vice-conful, and fhall deliver over to him
the report of his proceedings, the expenfes of
which the conful or vice-conful fhall caufe to
be reimburfed to him, as well as thofe of fa-
vin? the wreck. The merchandize and effects
faved mail be depofited in the neareft cuftom-
houfe, or other place of fafety, with the in-
ventory thereof, which fhall have been made
by the conful or vice-conful, or by the judge
who (hall have proceeded in their abfence,
that the faid effects and merchandize may be
afterwards delivered, (after levying therefrom
the coils) and without form of procefs, to the
owners, who being furnifned with an order
for their delivery from the neareft conful or
vice-conful, fhall reclaim them by themfelves,
or by their order, either for the purpofe of
re-exporting fuch merchandize, in which cafe
they fhall pay no kind of duty of exportation,
. or for that of felling them iif the country, if
they be not prohibited there, and in this lafl
cafe, the faid merchandize, if they be damaged,
fliall be allowed an abatement of entrance du-
ties, proportioned to the damage they have
fuftained, which fliall be ascertained by the
affidavits taken at the time the veffel was wreck-
ed or {truck.
ARTICLE VIII.
Po-.ver cf The confuls or vice-confuls mall exercife
confaisrs- police over all the veffels of their refpeclive
vilii-is of nations, and ihali have on board the laid vef-
C 391 ]
frage, fera plus eloignee;dudit lieu que celle du
juge territorial competent, ce dernier fera pro-
ceder fur le champ avec toute la celerite, la
furete et les precautions prefcrites par les loix
refpeclives; iauf au dit juge territorial a fe re-
tirer, le conful ou vice-conful furvenant, et a
lui remettre l'expedition des procedures par lui
faites, dont le conful ou vice-conful lui fera
rembourfer les fraix, ainfi que ceux du fauve-
taee? Les marchandifes et efFets fauves dev-
o
ront etre depofes a la doiiane ou autre lieu de
furete le plus prochain avec l'inventaire qui en
aura ete drefle par le conful ou vice-conful, ou
en leur abfence par le juge qui en aura connu,
pour les dits efFets et marchandifes etre enfuite
delivres apres le prelevement des fraix, et fans
forme de proces, aux proprietaires, qui, munis
de la main- levee du conful ou vice-conful le
plus proche, les reclameront par eux-memes,
ouparleurs mandataires, foit pour reexporter
les marchandifes, et dans ce cas elles ne pai'e-
ront aucune efpece de droits de fortie, foit pour
les vendre dans le pais, fi elles n'y font pas
prohibees ; et dans ce dernier cas, les dites
marchandifes fe trouvant avarices, on leur ac-
cordera une moderation fur les droits d'entree
proportionnee au dommage fouffert, lequel fera
conflate par le proces verbal dreffe lors du
naufra<re ou de i'echouement.
ARTICLE VIII.
Les confuls ou vice confuls exerceront la
police fur to us les batimens de leurs nations
refpeetives, et auront a bord des dits btaimens
[ 392 ]
their own
nation,
fels all power and jurisdiction in civil matters,
in all the difputes which may there arife ; they
fhall have an entire inflection over the laid
veflels, their crew, and the changes and fub-
ftitutions there to be made ; for which pur-
pofe they may go on board the faid veflels
whenever they may judge it neceffary. Well
underftood that the functions hereby allowed
mall be confined to the interior of the veflels,
and that they fhall not take place in any cafe
which mall have any interference with the po-
lice of the ports where the faid vefTels fhall be.
Power of
confuis in
regard to
dticrters,^
mode of
proceedinc
ARTICLE IX.
The confuis and vice-confuls may caufe to
be arretted the captains, officers, mariners,
failors, and all other perfons, being part of the
crews of the veflels of their refpeclive nations,
who Ihall have deferted from the faid veflels,
in order to fend them back and tranfport them
out of the country : For which purpofe, the
faid confuis and vice-confuls fhall addrefs them-
felves to the courts, judges and officers com-
petent, and fhall demand the faid deferters in
writing, proving by an exhibition of the regis-
ters of the veflel or fhip's roll, that thofe men
were part of the faid crews ; and on this de-
mand fo proved (faving however where the
contrary is proved) the delivery mall not be
refufed ; and there fhall bte given all aid and
afliftance to the faid confuis and Vice-confuls
for the fearch, feizure and arreft of the faid
deferters, who mall even be detained and kept
in the prifons of the country, at their requeit
and expenfe until they fhall have found an op-
portunity of fending them back ; but if they
be not lent back within three months, to be
counted from the day of their arreft, they fhall
C 393 3
tout pouvoir et jurifdi&ion en matiere civile
dans toutes les difcuffions qui pourront y fur-
venir ; ils auront une entiere infpe&ion fur les
dits batiments, leurs equipages et les change-
ments et remplacements a y faire ; pour quel
effet ils pourront fe tranfporter a bord des dits
batiments toutes les fois qu'ils le jugeront ne-
ceffaire; bien entendu que les fon&ions ci-
defius enoncees feront concentrees dans l'inte-
rieur des batiments, et qu* elles ne pourront
avoir lieu dans aucun cas qui aura quelque rap-
port avec la police des ports ou les dits bati-
ments fe trouveront.
ARTICLE IX.
Les confuls et vice-confuls pourront faire
arreter les capitaines, officiers, mariniers* mate-
lots et toutes autres perfonnes faifant partie
des equipages des batiments de leurs nations
refpe&ives, qui auroient deferte des dits bati-
mens, pour les renvoyer et faire tranfporter
hors du pais. Auquel effet les dits confuls et vice->
confuls s'addrefleront aux tribunaux, juges, et
officiers competents et leur feront, par ecrit>
la demande des dits deferteurs, en juftifiant
par Pexhibition des regiftres du batiment ou
role d'equipage, que ces hommes faifoient
partie des fufdits equipages. Et fur cette de-
mande, ainfi juftifiee, fauf toutefois la preuve
contraire, l'extradition ne pourra 6tre refufee 5,
et ii fera donne toute aide et affiftance aux dits
confuls et vice-confuls pour la recherche, faifie
et arreftation des fufdits deferteurs, lefquels fe-
ront meme detenus et gardes dans les prifons
!du pais, a. leur requisition, et a leurs frais
jufqu' a ce qu'ils aient trouve occafion de les
n renvoyer. Mais s'ils n* etoient renvoyes dans
ie delai de trois mois a compter du jour de leur
Vol. II. D 3
C 394 J
Citizens a-
xnenable
for crimes
to the judg-
es of the
countrj'-.
How to
proceed
when of-
fenders
•withdraw
on board
their vef-
fels;
Difpctes
between
citizens in
g. foreign
country to
be fettled
by confuls.
be fet at liberty, and fhall be no more arrelied
for the fame caufe.
ARTICLE X.
In cafes where the refpective fubje&s or ci-
tizens mail have committed any crime, or
breach of the peace, they mall be amenable to
the judges of the country.
ARTICLE XL
When the faid offenders mall be a part of
the crew of a veffel of their nation, and fhall
have withdrawn themfelves on board the faid
veiTel, they may be there feized and arrefted by
order of the judges of the country : Thefe mail
give notice thereof to the conful or vice-conful,
who may repair on board if he thinks proper :
But this notification fhall not in any cafe delay
execution of the order in queftion. The per-
fons arrefted fhali not afterwards be fet at li-
berty until the conful or vice-conful fhall have
been notified thereof; and they fhall be deliver-
ed to him, if he requires it, to be put again on
board of the veiTel on which they were arrefted,
or of others of their nation, and to be fent out
of the country.
ARTICLE XII.
All differences and fuits between the fub-
jects of the Moft Chriftian King, in the Uni-
ted States, or between the citizens of the Uni-
ted States, within the dominions of the Moft
Chriftian King, and particularly all difputes,
relative to the wages and terms of engagement
of the crews of the refpeclive veffels, and all
differences of whatever nature they be, which
may arife between the privates of the faid crews,
or between any cf them and their captains, or
between the captains of different veffels of their
nation5 ihall be determined by the refpeclive
confuls and vlce-confuls, either by a reference
E 395 3
arret, ils feront elargis, et ne pourront plus
etre arretes pour la raeme caufe.
ARTICLE X.
Dans le cas ou les fujets ou citoyens refpeo
tifs auront commis quelque crime ou infraction
de la tranquillite publique, ils feront jufticia-
bles des juges du pais.
ARTICLE XL
Lorfque les dits cpupables feront partie de
F equipage de Fun des batiments de leur nation,
et fe feront retires a bord des dits navires, ils
pourront y etre failis et arretes par Fordre des
juges territoriaux : ceux-ci en previendront le.
conful ou vice-conful, lequ'el pourra fe rendre
a bord s'il le juge apropos : mais cette preve-
nance ne pourra en aucun cas retarder F exe-
cution de Fordre dont il eft queftion. Les per-
fonnes arretees ne pourront enfuite etre raifes
en liberte, qu5 apres que le conful ou vice-con-
ful en aura ete prevenu, et elles lui feront re-
mifes s'il le requiert, pour etre reconduites fur
les batiments ou elles auront ete arretees, oa
autres de leur nation, et etre renvoyees hors
du pais.
ARTICLE XII.
Tous diffe'rends et proces entre les fujets du
Roi tres Chretien dans les Etats Unis, ou en-
tre les citoyens des Etats Unis dans les Etats
du Roi tres Chretien, et notamment .toiites les
"difcuifions relatives aux falaires et conditions
des engagements des equipages des batiments
refpe&ifs, et tous diiferends de quelque na-
ture quails foient, qui pourroient s'elever entre
les hommes des dits equipages, ou entre quel-
ques uns d'eux et leurs capitaines, ou entre
les capitaines de divers batiments nationaux,
feront termines par les confuls et vice-confuls
refpeclifs, foit par un renvoi par devant des
[ 396 ]
to arbitrators, or by a fummary judgment, and
without cofts. No officer of the country, civit
or military, fhall interfere therein, or take any
part whatever in the matter i and the appeals
from the faid confular fentences fhall be carried
before the tribunals of France or of the Uni-
ted States, to whom it may appertain to take
cognizance thereof.
ARTICLE XIII.
The general utility of commerce having
Tribunals caufed to be eftablifhed within the dominions
to decide 0f tile Moft Chriftian King, particular tribu-
cornmercial , , r r i' • 1 % t> r
affaira. nals and forms for expediting the decilion or
commercial affairs, the merchants of the Uni-
ted States fhall enjoy the benefit of thefe efta-
blifhments ; and the Congrefs of the United
States will provide in the manner the moft con-
formable to its laws, for the eflablifhment of
equivalent advantages in favour of the French
merchants, for the prompt difpatch and deci-
fion of affairs of the fame nature.
ARTICLE XIV.
citkem The fubjects of the Moft Chriftian King,
exempted and the citizens of the United States, who
:ionTi fer- ma^ Prove by legal evidence, that they are of
vice, in the faid nations refpeclively, fhall in confe-
Fettiement. quence enjoy an exemption from all perfonal
fervice in the place of their fettlement.
ARTICLE XV. »
If any other nation acquires by virtue of any
if either convention whatever, a treatment more favour-
party grant akj with refpeel to the confular pre-eminences,
greatercon- f , 1 9
fuiarpri- powers, authority and privileges, the conluls
SoE/na- and vice-'confuls of the Moft Chriftian King,
tion they or of the United States, reciprocally fhall par-
fhall be
common ...
both. ted by thefecond, third and fourth articles of
ticipate therein, agreeable to the terms ftipula-
r 397 2
i arbitres, folt par un jugement fommaire, et
fans frais. Aucun officier territorial, civil ou
militaire ne pourra y intervenir, on prendre
une part quelconque a 1'afFaire, et les appels des
dits jugements confulaires feront partes devant
les tribunaux de France ou des Etats Unis qui
doivent en connaitre.
ARTICLE XIIL
L'utilite generale du commerce aiant fait
etablir dans les etats du Roi tres Chretien, des
tribunaux et des formes particulieres pour ac-
celerer la decifion des affaires de commerce,
les negocians des Etats Unis jouiront du bene-
fice de ces etabliffements, et le Congres des
Etats Unis pourvoira de la maniere la plus con-
( forme a fes lois, a 1'etabliifement des avan-
tages equivalents en faveur des negociants
Francais pour la prompte expedition et deci-
fion des affaires de la meme nature.
ARTICLE XIV.
Les fujets du Roi tres Chretien et les citoy-
ens des Etats Unis, qui juftineront authenti-
quement etre du corps de la nation refpeclive,
jouiront en confequence de Fexemption de
tout fervice perfonnel dans le lieu de leur etab-
liffement.
ARTICLE XV.
Si quelqu' autre nation acquiert, en vertu
d'une convention quelconque, un traitement
plus favorable relativement aux pre-eminences,
pouvoirs, autorite et privileges confulaires,
les confuls et vice-confuls du Roi tres Chretien
ou des Etats Unis^ reciproquement, y parti-
dperont, aux termes ftipules par les articles
deux, trois et quatre, du traite d'amitie et de
I 398 3
the treaty- of amity and commerce, concluded
between the molt Chriftian King and the Uni-
ted States.
ARTICLE XVI.
The prefent convention fhall be in full force
Duration during the term of twelve years, to be counted
bf this con- from the day of the exchange of ratifications,
vention. which fhall be given in proper form, and ex-
changed on both fides within the fpace of one
year, or fooner if poffible.
In faith whereof, we, Minifters'Plenipoten-
tiary, have figned the prefent convention,
and have thereto fet the feal of our arms.
DONE at Verf allies ^ the 14th of No-
vember, one theufand /even hundred
and eighty-eight.
L. C. De Montmorin, (l. s.)
Thomas Jefferson, (l. s.)
C 399 ]
commerce conclu entre le Roi tres Chretien et
les Etats Unis.
ARTICLE XVI.
La prefente convention aura fon plein effet
pendant l'efpace de douze ans a compter du
jour de l'echange des ratifications, lefquelles
feront donnees en bonne forme et echangees
de part et d'autre dans l'efpa,ce d'un an, ou
plutot fi faire fe peut.
Enfoi de quoi, nous, Miniftres Plenipoten-
tiaires, avons figne la prefente conven-
tion, et y avons fait appofer le cachet de
nos armes.
FAIT a Verf ailles, le 14 Novembre, mil fept
cent quatre-vingt-huit.
L. C. De Montmorin, (l. s.)
Thomas Jefferson, (l. s.)
A Treaty of Peace and Friend fliip
BETWEEN THE
UNITED STATES OF AMERIGA,
AND THE
KINGS, CHIEFS AND WARRIORS
OF THE
CREEK NATION OF INDIANS.
A TREATY of PEACE and FRIENDSHIP
Made and concluded between the Prefident of the
United States of America, on the Tart and
Behalf of the faid States, and the underfigned
Kings, Chiefs and Warriors of the Creek
Nation ^Indians, on the Part and Behalf of
the faid Nation.
f*TPHE parties being defirous of eftablifhing
1 permanent peace and friendfhip between
'the United States and the faid Creek Nation,
iiand the citizens and members thereof, and to
r remove the caufes of war by afcertaining their
llimits, and making other neceffary, juft and
[friendly arrangements : The Prefident of the
lUnited States, by Henry Knox, Secretary for
tithe Department of War, whom he hath con-
stituted with full powers for thefe purpofes, by
and with the advice and confent of the Senate
of the United States, and the Creek Nation,
by the underfigned Kings, Chiefs and Warri-
ors, reprefenting the faid nation, have agreed
to the following articles.
ARTICLE I.
There fhall be perpetual peace and friend-
dfhip between all the citizenj of the United
Vol. IL E-3
[ 4^2 ]
peace p.nd States of America, and all the individuals,,
perpetual towns and tribes of the Upper, Middle an£
Lower Creeks and Semanolies, compofmg the
Creek nation of Indians.
ARTICLE II.
The underfigned Kings, Chiefs and Warri-
ihdips ac- ors, for themfelves and all parts of the Creek
prote&ioli Nation within the limits of theUnited States,
of the u. s. j0 acknowledge themfelves, and the faid parts
of the Creek nation, to be under the protection
of the United States of America, and of no
other fovereign whofoever ; and they alfo fli-
pulate that the laid Creek Nation will not hold
any treaty with an individual State, or with in~
dividuals of any State.
ARTICLE III.
The Creek Nation mall deliver as foon as
fe'rSorcd0 Pra<^icable to tne commanding officer of the-
troops of the United States, ftationed at the
Rock-Landing on the Oconee river, all citi-
zens of the United States, white inhabitants
or negroes, who are now prifoners in any part
of the faid nation. And if any fuch prifoners
or negroes mould not be fo delivered, on or
before the nrft day of June enfuing, the gover-
nor of Georgia may empower three peribns to>
repair to the faid nation, in order to claim and
receive fuch prifoners and negroes.
ARTICLE IV.
The boundary between the citizens of the
Boundaries United States and the Creek Nation is, and-.
' fnall be, from where the old line ftrikes the
river Savannah; thence up the faid river to a
place on the moft northern branch of the fame,
commonly called the Keowee, where a nor th-
cafi: line to be drawn from the top of the Oc-
cunna mountain (hall interfecl: ; thence along,
the faid line in, a fouth-weft direction tg Tuge
£ 403 ]
1o river ; thence to the top of the' Currahee Boundaries,
mountain; thence to the head or fource of the
main fouth branch of the Oconee river, called
the Appalachee; thence down the middle of
the faid main fouth branch and river Oconee,
to its confluence with the Oakmulgee, which
form the river Alfamaha ; and thence down
the middle of the faid Altamaha to the old line
on the faid river, and thence along the faid old
line to the river St. Mary's.
And in order to preclude forever all difputes
relatively to the head or fource of the main
fouth branch of the river Oconee, at the place
where it fhall be interfered by the line afcre-
faid, from the Currahee mountain, the %ne
fhall be afcertained by an able furve'yor on the
part of the United States, who fhall be afilfted
by three old citizens of Georgia, who may be
appointed by the Governor of the faid ftate,
and three old Creek chiefs, to be appointed by
the "faid nation ; and the faid furveyor, citi-
zens and chiefs fhall affemble for this pur-
pofe, on the firft day of October, one thou-
fand feven hundred and ninety-one, at the
Rock Landing on the faid river Oconee, and
thence proceed to afcertain the faid head or
fource of the main fouth branch of the faid
river, at the place where it mail be interfec-
ted by the line aforefaid, to be drawn from
the Currahee mountain. And in order that
the faid boundary fhall he rendered diftinct
and well known, it fhall be marked by a line
of felled trees at. lead twenty feet wide, and
the trees chopped on each fide from the faid
Currahee mountain, to the head or fource of
the faid main fouth branch of the Oconee ri-
ver, and thence down the margin of the faid
main fouth branch and river Oconee for the
C 404 ].
diflance of twenty miles, or as much farther
as may be neceflary to mark diftinctly the faid
boundary. And in order to extinguifh fore-
ver all claims of the Creek nation, or any part
thereof, to any of the land lying to the north-
ward and eaftward of the boundary herein
defcribed, it is hereby agreed, in addition to
the confiderations heretofore made for the
faid land, that the United States will caufe
certain valuable Indian goods now in the ftate
of Georgia, to be delivered to the faid Creek
nation ; and the faid United States will alfo
caufe the fum of one thoufand and five hun-
dred dollars to be paid annually to the faid
Creek nation. And the underfigned Kings,
Chiefs and Warriors, do hereby for themfelves
and the whole Creek nation, their heirs and
defcendants, for the confiderations above-
mentioned, releafe, quit claim, relinquifh and
cede, all the land to the northward and eaft-
ward of the boundary herein defcribed.
ARTICLE V.
The United States folemnly guarantee to
the Creek Nation, all their lands within the
limits of the United States to the weftward
and fouthward of the boundary defcribed in
the preceding article.
, ARTICLE VI.
ff any citizen of the United States, or other
perfon not being an Indian, mail attempt to
Indian fettle on any of the Creeks lands, fuch perfon
lands, £iajj forfejt tjje protection of the United States,
and the Creeks may punifli him or not, as they
* pleafe.
ARTICLE VII.
No citizen or inhabitant of the United States
nor fount „ ,, , , r ,
<>n tke mall attempt to hunt or deitroy the game on
fame. t]ie Creek lauds ; Nor /hall any fuch citizen
Guarantee.
No ciiizen
to fctile on
I 4©5 3
©r inhabitant go into the Creek country,
without a paffport firft obtained from the Go-
vernor of foine one of the United States, or
the officer of the troops of the United States
commanding at the nearefl military poft on
the frontiers, or fuch other perfon as the Pre-
fident of the United States may, from time to
time, authorize to grant the fame.
ARTICLE VIII.
If any Creek Indian or Indians, or perfon
refiding among them, or who fhall take re- isdians to
fuge in their nation, fhall commit a robbery or deJlv.er "P
o , 1 • 1 • r- 1 criminals.
murder, or other capital crime, on any or the
citizens or inhabitants of the United States,
the Creek nation, or town, or tribe to which
fuch offender or offenders may belong, fhall be
bound to deliver him or them up, to be punifh-
ed according to the laws of the United States.
ARTICLE IX.
If any citizen or inhabitant of the United
States, or of either of the territorial diftricTts citizen?
of the United States, fhall go into any town, committing
fettlement or territory belonging to the Creek Indian ter-
nation of Indians, and fhall there commit any "tbryto^
. r r • n 1 r pumined.
crime upon, or trelpals againit the perlon or
property of any peaceable and friendly Indian
or Indians, which if committed within the jurif-
di£tion of any flate, or within the jurifdiclion
of either of the faid diflricts, againfl a citizen
or white inhabitant thereof, would be punifh-
able by the laws of fuch flate or diftrift, fuch
offender or offenders fhall be fubjecl to the
fame punifhment, and fhall be proceeded
againfl in the fame manner, as if the offence
had been committed within the jurifdidion of
the flate or diflrift to which he or they may
belong, againfl a citizen or white inhabitant
thereof.
I 4c6 I
reftrained.
Indians to
give notice
of deligns
asainfiU. S.
ARTICLE X.
In cafes of violence on the perfons or pro-
Retaliation perty of the individuals of either party, neither
retaliation nor reprifal mall be committed by
the other, until fatisfadtion fhall have been de-
manded of the party, of which the aggreffor is,
and mail have been refufed.
ARTICLE XL
The Creeks mail give notice to the citizens
of the United States of any defigns, which they
may know or fufpect to be formed in any
neighbouring tribe, or by any perfon whatever,
againfl the peace and interefts of the United
States.
ARTICLE XII.
That the Creek nation may be led to a
greater degree of civilization, and to become
herdmi^n and cultivators, inftead of remaining
in a ftate of hunters, the United States will
from time to time furnifh gratuitoufly the faid
nation with ufeful domeftic animals and im-
plements of hufbandry. And further to aftift
the faid natron in fo defirable a purfuit, and at
the fame time to eftablifh a certain mode of
commmunication, the United States will fend
fuch, and fo many perfons to refide in faid na-
tion as they may judge proper, and not exceed-
ing four in number, who mail qualify them-
felves to act as interpreters. Thefe perfons mail
have lands affigned them by the Creeks for
cultivation, for themfelves and their fucceffors
in office ; but they fhall be precluded exercif-
ing any kind of traffic.
ARTICLE XIII.
All animofities for paft grievances fhall
henceforth ceafe ; and the contracting parties
will carry the foregoing treaty into full exe-
cution, with all good faith and fincerity. •
United
States to
make pre-
fents to
them.
Animo-
fities to
ceafe.
C 407 1
ARTICLE XIV.
This treaty mall take effect and be obliga-
tory on the contracting parties, as foon as the ^ati"c*°
fame mail have been ratified by the Prefident
of the United States, with the advice and con-
fent of the Senate of the United States.
IN WITNESS of all and every thing herein
determined, between the United States of
America and the whole Creek nation, the
parties have hereunto fet their hands and
ieals, in the city of New- York, within the
United States, this feventh day of Auguft,r
one thoufand feven hundred and ninety.
In behalf of the United States ,
~\ Secretary of War, and fole Com-
H. KNOX, r miffioner for treating with the
J Creek Nation of Indians.
In behalf of themfehes and the whole-
Creek Nation of Indians,
ALEXANDER M'GILLIVRAY, (l. s/)
Cufetahs.
fufhatche Mico, or Birdtail King, X (l. s.)
Neathlock, or Second Man, X (l. s.)
Halletemalthle, or Blue Giver M (l. s.)
Little Tallifee.
Opay Mico, or the Singer, X (l. s.)
Totkefhajou, or Samoniac, M (l. s.)
Big Tallifee.
Hopothe Mico, or Tallifee King, X (l. s.
0 pot ot ache, or Long Side, X (l. s.
Tuckabatchy.
Ssholefee9orYoung Second Man, X (l. s.)
Ocheehajou, or Aleck Cornel, X (l. s.)
Natches.
Chinabie, or the Great. Matches
Warrior, X (l. s.)
[ 4o8 ]
Natfotuachehee, or the Great
Natches Warrior's Brother,
Thakoteehee, or the Mole,
Oquakabee,
Cowetas.
Tujkenaah, or Big Lieutenant,
Ho?natah, or Leader,
Chinnabie, or Matthews,
yuleetaukmatha, or Dry Pine,
Of the Broken Arrow.
Chawockly Mico,
Coofades.
Coofades Hopoy, or the Meafurer,
Muthtee, the Miffer,
Stimafutchkee, or Good Humour,
Alabama Chief.
Stilnaleeje, or Difputer,
Oakfoys.
Mumagecbee, David Francis, M (l. s.)
Done in Prefence of
Richard Morris, Chief Juflice of the ftate
of New-York. Richard Varick, Mayor of
the city of New- York. Marinus Willet. Tho-
mas Lee Shippen, of Pennfylvania. John Rut-
ledge, jun. Jofeph Allen Smith. Henry Izard,
his
Jofeph X Cornell, Interpreter*.
mark.
M
(L.
8.)
M
(L.
•0
M
(L.
s.)
X
(L.
s.)
M
(L.
s.)
M
(L.
s.)
X
(L.
s.)
X
(L.
s.)
X
(L.
s.)
S*f
(L.
s.)
X
(L.
s.)
X
(L.
s.)
ARTICLES
O F
AGREEMENT AND CONFEDERATION,
BETWEEN THE
United States of North America"
AND THE
DELAWARE NATION*
ARTICLES of Agreement and ConfedjlN
ration, made and entered into by Andrew
and Thomas Lewis, Efquires, Commiffioners
for, and in Behalf of the United States of
North- America of the one Part, and Capt*
White Eyes, Capt. John Kill Buck, junior,
and Capt. Pipe, Deputies and Chief Men of
the Delaware Nation of the other Part.
ARTICLE I.
THAT all offences or acts' of hpftilities by ah often-
one, or either of the contracting parties [esf^v?eal"
againfl the other, be mutually forgiven, and
buried in the depth of oblivion, never more
to be had in remembrance.
ARTICLE IL
That a perpetual peace and friendfhip mail Peacc and
from henceforth take place, and fubfift between friendfhip
the contracting parties aforefaid, through all PerPetuaU
fucceeding generations '. and if either of the
parties are engaged in ajuft and neceflary war Incafeof
iWith any other nation or nations, that then war, each
i each mall affift the other in due proportion to J"^0 '^'
their abilities, till their enemies are brought other..
to reafonable terms of accommodation : and
I that if either of them Ihall difcover any hof-
itile defigns forming againft the other, they
Vol. II. F 3
C 410 ]
mall give the e'arlieft notice thereof, that ti-
meous meafures may be taken to prevent their
ill effeft.
ARTICLE III.
And whereas the United States are engag-
ed in a juft and neceffary war, in defence and
u. • s. to fupport of life, liberty and independence,
haY5free againfl: the King of England and his adherents,
ftfrts^or and as faid King is yet poffeifed of feveral
towns of p0fts ari(i forts on the lakes and other places,
mies. the reduction of which is of great importance
to the peace and fecurity of the contracting
parties, and as the moft practicable way for
the troops of the United States to fome of the
polls and forts is by paffing through the coun-
try of the Delaware nation, the aforefaid de-
puties, on behalf of themfelves and their na-
tion, do hereby ftipulate and agree to give a
free paffage through their country to the
troops aforefaid, and the fame to conduct, by
the neareft and bed ways to the pods, forts or
r . towns of the enemies of the United States, af-
fording to faid troops fuch fupplies of corn,
meat, horfes, or whatever may be in their
power for the accommodation of fuch troops,
on the commanding officer's, &c. paying, or
engaging to pay, the full value of whatever
they can fupply them with. And the faid de-
puties, on the behalf of their nation, engage
to join the troops of the United States afore-
faid, with fuch a number of their bed and moft
such war- eXper£ warriors as they can foare, confident
riors as can .-TV ,, J • _ *, ?
be fpared, with their own farety, and act in concert with
troow of6 t^lem > axi(* f°r ^e better fecurity of the old
V. states, men, women and children of the aforefaid
nation, whilft their warriors are engaged
againfl the common enemy, it is agreed on the I
part of the United States, that a fort of fuffi-
[ 4U 3
eient ftrength and capacity be built at the ex- a fort to
penfe of the faid States, with fuch affiftance be built and
as it may be in the power ot the laid Dela-
ware Nation to give, in the mod convenient
place, and advantageous fituation, as mall be
agreed on by the commanding officer of the
troops aforefaid, with the advice and concur-
rence of the deputies of the aforefaid Delaware
Nation, which fort mall be garrifoned by fuch
a number of the troops of the United States,
as the commanding officer can fpare for the
prefent, and hereafter by fuch numbers, as the
wife men of the United States in council, mall
think mofl conducive to the common good.
ARTICLE IV.
-For the better fecurity of the peace and Nehher
friendfhip now entered into by the contracting party to
parties, asfainft all infractions of the fame by m. 5ldl pu*
r, . .' 6 r . , , • t r nlf"ment
the citizens or either party, to the prejudice or without an
the other, neither party mall proceed to the i^f rtial
infliction of punifhments on the citizens of the
other, otherwife than by fecuring the offender
or offenders by imprifonment, or .any other
competent means, till a fair and impartial trial
can be had by the judges or juries of both par-
ties, as near as can be to the laws, cuftoms and
ufages of the contracting parties and natural
juftice : The mode of fuch trials to be hereaf- f
ter fixed by the wife men of the United States
in Congrefs affembled, with the affiftance of
fuch deputies of the Delaware Nation, as may
be appointed to aft in concert with them in
adjufting this matter to their mutual liking.
And it is further agreed between the parties
aforefaid, that neither mall entertain or give
countenance to the enemies of the other, or N°r pro-,
protect in their refpective ftates, criminal fu- mLaWug^
gitives, fervants or flaves, but the fame to ap- tives, &&;
C 412 3
Agent to
be appoin-
ted by U.S.
to trade
with the
Delaware
nation.
TJ. S. gua-
rantee to
thern all
territorial
rights as
bounded by
former
treaties ;
prehend, and fecure and deliver to the State
or States, to which fuch enemies, criminals',
fervants or flaves refpeclively belong.
ARTICLE V.
Whereas the confederation entered into by
the Delaware nation and the United States,
renders the ftrft dependant on the latter for
all the articles of cloathing, uten'fils and im-
plements of war, and it is judged not only rea-
sonable, but. iridifpenfibly neceifary, that the
aforefaid Nation be fupplied with fuch articles
from time to time, as far as the United States
may have it in their power, by a well-regulated
trade, under the conduct of an intelligent, can-
did agent, with an adequate fa'lary, one more
influenced by the love of his country, and a
conftant attention to the duties of his depart-
ment by promoting the common intereft, than
the fmiiler purpofes of converting and binding
all the duties of his office to his private emoluj-
rnent : Convinced of the neceffity of fuch mea-
sures,' the Commimoners of the United States,
at the earneft felicitation of thd deputies afore-
faid, have engaged in behalf of the United
States, that fuch a trade mall be afforded faid
nation, conducted on fuch principles of mutual
intereft as the wifdom of the United States hi
Congrefs affembled (hall think moil conducive
to adopt for their mutual convenience.
ARTICLE VI.
"Whereas the enemies of the United State?
have endeavoured, by every artifice in their pow-
er, to poffefs the Indians in general with an opi-
nion, that it is the defign of the States afore-
faid, to extirpate the Indians and take poifef-
fion of their country : to obviate fuch falfe
fuggeftion, the United States do engage to
guarantee to the aforefaid nation of Delaware^,
C. 413 3
and their heirs, all their territorial rights in the
fulleft and mofl ample manner, as it hath been
bounded by former treaties, as long as they
the faid Delaware nation mall abide by, and
hold fad the chain of friendfhip now entered
into. And it is further agreed on between the
contracting parties (mould it for the future be
found conducive for the mutual interell of
both parties) to invite any other tribes who 1
have been friends to the interefl of the United
States, to join the prefent confederation, and
to form a ftate whereof the Delaware nation
fhall be the head, and have a reprefentation in andtojLe
Congrefs : Provided, nothing contained in areprefln-'
this article to be confidered as conclufive un- congret
til it meets with the approbation of Congrefs. on ce«a,n
And it is affo the intent and meaning of this co
article, that no protection or countenance
[hall be afforded to any who are at prefent our
2nemies, by which they might efcape the
punifhment they deferve.
In witness whereof, the Parties have here-
unto interchangeably Jet their Hands and
Seals at Fort-Pitt, September Jeventeenth^
Anno Domini one thoufand /even hundred
and feventy -eight, I
Aitdrew Lewis, (l. s.)
Thomas Lezvis, (l. s.)
White Eyes, his X mark. (l. s.)
The Pipe, his M mark. (l. s.)
John Kill Buck, his X mark. (l. s.)
IN PRESENCE OF
Lachn. M'Intofh, B. General, commander
the weftern department. Daniel Brodhead,
Col. 8th Pennfylvania regiment. W. Craw-
ford,.CpJ. John Campbell. John Stephenfpp0
C 414 3
John Gibfon, Col. 13th Virginia regiment.
A. Graham, Brigade Major. Lachn. M'ln-
tofh, jun. Major Brigade. Benjamin Mills.
Jofeph L. Finley, Capt. 8th Pennfylvania re-
giment. John Finley, Capt. 8th Pennfylvania
regiment.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
SACHEMS AND WARRIORS
OF THE
Wyandot, Delaware, Ottawa, Chippewa, Fat>
tawatima and Sac Nations.
ARTICLES OF A TREATY
Made at Fort Harmar, between Arthur St.
Clair, Governor of the Territory of the
United States North-Weft of the River Ohio9
and Commiffioner Plenipotentiary of the United
States of America, for removing all Caufes
of Controverfy, regulating Trade, and fettling
Boundaries, with the Indian Nations in the
Northern Department, of the one Part ; and
the Sachems and Warriors of the Wyandot,
Delaware, Ottawa, Chippewa, Pattawati-
ma and Sac Nations, on the other Part.
ARTICLE I.
WHEREAS the United States in Con-
grefs afFembled, did, by their Com-
miffioners George Rogers Clark, Richard
Butler, and Arthur Lee, Efquires, duly ap-
pointed for that purpofe, at a treaty holden
with the Wyandot, Delaware, Ottawa and
Chippewa nations, at Fort M'Intom, on the
twenty-firfl day of January, in the year of our
Lord one thoufand feven hundred and eighty-
five, conclude a peace with the Wyandots,
Delawares, Qttawas and Chippewas, and take
[ 4i£ ]
I Two per-
form, as
hoftages, to
be retained
by U. S.
until cer-
tain prison-
ers are re-
hoxtd.
Boundary
line, for-
merly fix-
ed, renew-
ed & con-
firmed;
them into their friendfhip and protection: And
whereas at the faid treaty it was ftipulated that
all prifoners that had been made by thofe na-
tions, or either of them, mould be delivered
up to the United States. And whereas the-
laid nations have now agreed to and with the
aforefaid Arthur St. Clair, to renew and con-
firm all the engagements they had made with
the United States of America, at the before
mentioned treaty, except fo far as are altered
by thefe pfefents. And there are now in the
poffeffion of fome individuals of thefe nations,
certain prifoners, who have been taken by
others not in peace with the faid United States,
or in violation of the treaties fubfifting be-
tween the United States and them j the faid
nations agree to deliver up all the prifoners
now in their hands (by what means foever they
may have come into their poifeffion) to the faid
Governor St. Clair, at Fort Harmar, or in his
abfence, to the officer commanding there, as
foon as conveniently may be ; and for the true
performance of this agreement ^ they do now
agree to deliver into his hands, two perfons
of the Wyandot Nation, to be retained in the
hands of the United States as hoftages, until
the faid prifoners are reftored ; after which
they fhall be fent back to their nation.
ARTICLE IL
And whereas at the before mentioned trea-
ty it was agreed between the United States and
faid nations, that a boundary line fhould be
fixed between the lands of thofe nations and
the territory of the United States; which
boundary is as follows, viz.— Beginning at the
mouth of Cayahoga river, and running thence
up the faid river to the portage between that
and the Tufcarawa branch of Mufkingum,
[ 4i7 ]
then down the faid branch to the forks at the'
croffing- place above fort Lawrence, thence
wefterly to the portage on that branch of the
Big Miami river which runs into the Ohio, at
the mouth of which branch the fort flood
which was taken by the French in the year 6f
our Lord one thoufand feven hundred and fifty-
two, then along the faid portage to the Great
Miami or Omie river, and down the fouth-eaft
fide of the fame to its mouth ; thence along
the fouthern more of Lake Erie to the mouth
of Cayahoga, where it began. And the faid
Wyandot, Delaware, Ottawa and Chippewa
Nations, for and in confideration of the peace
then granted to them by the faid United States,
and the prefents they then received, as well as
of a quantity ", of goods to the value of fix
thoufand dollars, now delivered to them by
the faid Arthur St. Clair, the receipt whereof
they do hereby acknowledge, do by thefe pre-
fents renew and confirm the faid boundary
line ; to the end that the fame may remain as
a divifion line between the lands of the United
States of America, and the lands of faid na-
tions, forever. And the underfigned Indians and land*
do hereby in their own names, and the names ^e u/s-
of their refpective nations and tribes, their
heirs and defcendants, for the confideration
above-mentioned, releafe, quit claim, relin-
quifli and cede to the faid United States, all
the land eaft, fouth and weft of the lines above
defcribed, fo far as the faid Indians formerly
claimed the fame ; for them the faid United
States to have and to hold the fame in true
■ and abfoiute propriety forever.
ARTICLE III.
The United States of America do by thefe
iprefents relinquish and quit claim to the fai£
Vol. IL G j
[ 4i8 ]
U.S. quit nations refpe&ively, all the lands lying be-
ccvSn° tween the limits above defcribed, for them the
lands; but faid Indians to live and hunt upon, and other-
to bTatk- w^e t0 occupy as they fhall fee fit : But the
berty to faid nations, or either of them, fhall not be at
them to° liberty to fell or difpofe of the fame, or any
anyfove- part thereof, to any fovereign power, except
cTf&c.Tx- tne United States ; nor to the fubje&s or citi-
cept to the Zens of any other fovereign power, nor to the
fubje&s or citizens of the United States.
ARTICLE IV.
It is agreed between the faid United States
liberty to and the faid nations, that the individuals of
hunt on f^j nations fhall be at liberty to hunt within
ceded°to the territory ceded to the United States, with-
u« s- out hindrance or moleftation, fo long as they
demean themfelves peaceably, and offer no in-
jury or annoyance to any of the fubje&s or ci-
tizens of the faid United States.
ARTICLE V.
individuals It is agreed that if any Indian or Indians oi
of one pa*- the nations before mentioned, fhall commit
ty commit- . . . r ,-.'■■. .
ting m'ur- murder or robbery on any or the citizens or
beir °onr°he ^e United States, the nation or tribe to which
other, to be the offender belongs, on complaint being made,
delivered fl^ deliver up the perfon or perfcns com-
tip lor tria. • x.. x *
plained of, at the nearefu. poft of the United
States ; to the end, that he or they may be tried,
and if found guilty, punifhed according to the
laws eflablifhed in the territory of the United
States north-well of the river Ohio, for the
punifhment of fuch offences, if the fame mall
have been committed within the faid territory j
or according to the laws of the State where
the offence may have been committed, if the
fame has happened in any of the United States.
In like manner, if any fubjecl: or citizen of the
I .419 J
United States fhall commit murder or robbery
on any Indian or Indians of the faid nations,
upon complaint being made thereof, he or
they fhall be arrefled, tried and punifhed agree-
able to the laws of the Hate or of the territory
wherein the offence was committed ; that no-
thing may interrupt the peace and harmony
now eflablifhed between the United States and
faid nations,
ARTICLE VI.
And whereas the practice of Healing horfes perfbns to
has prevailed very much, to the great difquiet be ^veiy
of the citizens of the United States, and if for fteaiing
perfifled in, cannot fail to involve both the hor.fes;
r . i» • which are
United States of America and the Indians m to i>e re-
endlefs animofity, it is agreed that it fhall be c^ain^*7
put an entire flop to on both fides ; neverthe- to whom
lefs, fhould fome individuals, in defiance of ,the^ he~
this agreement, and of the laws provided
againfl fuch offences, continue to make depre-
dations of that nature, the perfon convicted
thereof mail be punifhed with the utmoft fe-
verity the laws of the refpeftive flates, or ter-
ritory of the United States north-weft of the
Ohio, where the offence may have been com-
mitted, will admit of: And all horfes fo flolen,
either by the Indians from the citizens or
fubjects of the United States, or by the citi-
zens or fubjects of the United States from any
of the Indian nations, may be reclaimed, into
whofe pofleffion foever they may havepaffed,
and, upon due proof, fhall be reftored ; any
iales in market ouvert, notwithftanding. And
the civil magiftrates in the United States re-
flectively, and in the territory of the United
States north-weft of the Ohio, fhall give all
neceffary aid and protect ion to Indians claim-
ing fuch ftolen horfes.
[ 42o ]
Trade to
be opened
■with the
Indians;
& protec-
tion afford-
ed to thofe
licenfed to
refide
among
them.
Pepfons in-
truding
• ydthout li-
cenfe, to be
apprehend-
ed k de!i-
rercd up.
Immediate
notice to be
given of
War or
harm
known to
be medita^
ting againfl
either par-
ty-
ARTICLE VII.
Trade mall be opened with the faid nations,
and they do hereby refpedlively engage to af-
ford protection to the perfons and property of
fuch as may be duly licenfed to refide among
them for the purpofes of trade, and to their
agents, faclors and fervants ; but no perfon
fhall be permitted to refide at their towns, or
at their hunting camps, as a trader, who is
not furnifhed with a licence for that purpofe,
under the hand and feal of the Governor of
the territory of the United States north-weft
of the Ohio, for the time being, or under the
hand and feal of one of his deputies for the
management of Indian affairs ; to the end that
they may not be impofed upon in their traf-
fic. And if any perfon or perfons fhall in-
trude themfelves without fuch licence, they
promife to apprehend him or them, and to
bring them to the faid Governor, or one of his
deputies, for the purpofe before mentioned,
to be dealt with according to law: And that
they may be defended againfl perfons who
might attempt to forge fuch licences, they
further engage to give information to the faid
Governor, or one of his deputies, of the
names of all traders rending among them from
time to time, and at leafl once in every year.
ARTICLE VIII.
Should any nation of Indians meditate a
war againfl the United States, or either of
them, and the fame fhall come to the know-
ledge of the before mentioned nations, or either
of them, they do hereby engage to give im-
mediate notice thereof to the Governor, or
in his abfence to the officer' commanding the
troops of the United States at the nearefl pofl.
And fhould any nation with hoftile intentiorl?
C 421 ]
agamft the United States, or either of them,
attempt to pafs through their country, they
will endeavour to prevent the fame, and in
like manner give information of fuch attempt
to the faid Governor or commanding officer,
as foon as poffible, that all caufes of miflruft
and fufpicion may be avoided between them
and the United States : In like manner the
United States mail give notice to the laid In-
dian nations, of any harm that may be medi-
tated againft them, or either of them, that
mail come to their knowledge ; and do all in
their power to hinder and prevent the fame,
that the friendfhip between them may be un-
interrupted.
ARTICLE IX.
If any perfon or perlbns, citizens or fab- pa-fbns fo
iects of the United States, or any other perfon b<?outo#
J , . r t n 11 r r 1 thc protec-
not being an Indian, mail prelume to lettle tkm 0f the
upon the lands confirmed to the faid nations, Y\s'flf j
he and they (hall be Out of the protection of 0n the
the United States ; and the faid nations may !frid,s j?
punifh him or them in fuch manner as they fee
fit.
ARTICLE X.
The Unifed States renew the refervations Rd-erra_
heretofore made in the before mentioned trea- tion of
ty at Fort M'Intofli, for the eftablifhment of ]^\
trading polls, in manner and form following; for trading
that is to fay : Six miles fquare at the mouth p°l s'
of the Miami or Omie river ; fix miles fquare
at the portage upon that branch of the Miami
which runs into the Ohio ; fix miles fquare
upon the lake Sandulky where the fort for-
merly flood ; and two miles fquare upon each
fide the Lower "Rapids on Sandulky river,
which ports, and the lands annexed to them,
mall be for the ufe and under the government
pi' the United States.
[ 422 ]
ARTICLE XI.
Thejjoft at The poll at Detroit, with a diftrict of land
iSKrf.*6 beginning at the mouth of the river Rofme,
at the well end of lake Erie, and running up
the fouthern bank of faid river fix miles ;
thence northerly, and always fix miles well of
the (trait, until it ftrikes the lake St. Clair,
mail be referved for the ufe of the United
States.
ARTICLE XII.
The poft at In like manner the poll at Michelimackinac,
Micheii- with its dependencies, and twelve miles fquare
&e. re- ' about the fame, mall be referved to the fole
ferved. ufe 0f the United States.
ARTICLE XIII.
peace and ^ne United States of America do hereby
friendtiiip renew and confirm the peace and iriendfhip
cSmtd, entered into with the faid nations, at the treaty
before mentioned, held at Fort M'Intofh ; and
the faid nations again acknowledge themfelves,
and all their tribes, to be under the protection
of the laid United States, and no other pow-
er whatever.
ARTICLE XIV.
~. The United States of America do alfo re-
tjong of ceive into their friendfhip and protection, the
«« * £™ nations of the Pattiwatimas and Sacs ; and
H13S cC oa.CS r
jecci^edin- do hereby eftablilh a league 01 peace and
tiuTof u.s. amity between them refpe&ively ; and all the
articles of this treaty, fo far as they apply to
■ thefe nations, are to be confidered as made
and concluded in all, and every part, exprefsly
with them and each of them.
ARTICLE XV.
And whereas in defcribing the boundary be-
Boandarr fore mentioned, the words, if ftrictly conftruc-
exfkined. ted, would carry it from the portage on that
branch of the Miami, which runs into the
[ 4^3 J
Ohio, over to the river Au Glaize ; which
was neither the intention of the Indians, nor
of the Commiilioners ; it is hereby declared,
that the line fhall run from the faid portage di-
rectly to the rirft fork of the Miami river,
which is to the fouthward and eafhvard of the
Miami village, thence down the main branch
of the Miami river to the faid village, and
thence down that river to Lake Erie, and
along the margin of the lake to the place of
beginning.
DONE at Fort Harmar, on the Mufkingum,
this ninth Day of "January , in the Tear of
our Lord one thoufand fcuen hundred and
eighty-nine. In Witnefs whereof the Par-
ties have hereunto interchangeably fet their
Hands and Seals.
At. St. Clair, ( ' l. s.J
Peoutewatamie, ( l. s.J
Konatikina, ( l. s.)
r C Tepakee, (l. s. )
(_AeJbeyiva, ( l. s.j
CMefafs, (l. s.)
Chipeways. ^Paufoquajh, (l.s.)
{. Pawajicko, ( l. s.J
Ottawas. Wiwijlia, (*■■ *■)
I JSeagey, (l. s.)
C WindigOy ( l. s. )
Feoutewatamies. < Wapafkea, (l. s. )
£ Ncquea, ( l. s.)
r Captain Pipe, (l. s. )
Delawares. jf^nd, (l.s.)
| Pekelan, ( l. s.)
L Teat away, ( l. s.J
cNanamakeak, ( l. s.J
Chipewavs. «( c a> J ' V ' X
r •• J bojkene, ( l. s.J
VPewanahum, ( l. s.J
C 424 ]
r Teyandat 'on 'Tec, (l. s.J
I' C bey awe, ( l. s.J
Doueyenteat, ( l. s.J
* ] Terbataw, ( z. s.J
Data/ay, ( z. s.J
\ Mandoronk, (l. s.J
{.Skahonmt, ( l. s.J
In Prefence of
Jof. Harmar, Lt. Col. Comt. ift U. Si
Regt. and Brigr. Genl. by Brevet. Richard
Butler. Jno. Gibfon. Will. Mc. Curdey, Capt.
E. Denny, Enf. ift U. S. Regt. A. Hartftiorn,
Enf. Robt. Thonipfon, Enf. ill U. S. Regt.
Frans. Lufe, Enf. J. Williams, jun. We
Wilfon. Jofeph Nicholas. James Rinken.
Wyandots ^e *t remembered, That the Wyandots have
wiiidifpof- laid claim to the lands that were granted to
"Iwanefe, tne Shawanefe, at the treaty held at the
if the latter Miami, and have declared, that as the Shaw-
at peace.6 anefe have been fo reftlefs, and caufed fo
much trouble, both to them and to the United
States, if they will not now be at peace, they will
difpoifefs them, and take the country into
their own hands; for that the country is theirs
of right, and the Shawanefe are only living
upon it by their permiffion. They further lay
claim to all the country weft of the Miami
boundary, from the village to the lake Erie,
and declare that it is now under their manage-
ment and direction.
Separate Article.
TwoWy- Whereas the Wyandots have reprefenfed,
andot vii- that within the refervation from the river Ro-
Vn^i^re- " ^ne along the Strait, they have two villages
fervations, from which they cannot with any convenience
&fturbed. remove ; it is agreed, that they mall remain;
in poifeffion of the fame, and fh.aU' not be m>
any manner difturbed therein.
A T RE AT Y
O F
PEACE AND FRIENDSHIP
BETWEEN THE
Prefident of the United States of America,
AND THE
CHIEFS AND WARRIORS
OF THE
CHEROKEE NATION OF INDIANS.
A TREATY of PEACE and FRIENDSHIP
made and concluded between the Prefident of
the United States of America, on the Part
and Behalf of thefaid States, and the under-
figned Chiefs and Warriors of the Cherokee
Nation of Indians, on the Part and Behalf
of the [aid Nation.
THE parties being defirous of eftablifhing
permanent peace and friendship between
the United States and the faid Cherokee Na-
tion, and the citizens and members thereof,
and to remove the caufes of war, by afcertain-
ing their limits and making other neceffary,
juft and friendly arrangements : The Prefi-
dent of the United States, by William Blount,
Governor of the territory of the United States
of America, fouth of the river Ohio, and Su-
perintendant of Indian affairs for the fouthern
diftricl, who is veiled with full powers for
thefe purpofes, by and with the advice and
i confent of the Senate of the United States :
And the Cherokee Nation, by the underfign-
i ed Chiefs and Warriors reprefenting the faid
i nation, have agreed to the following articles^
i namely :
Vol. JI. H 3
[ 426 ] '
ARTICLE I.
Peace and There mall be perpetual peace and friend-
perpetuaT. m*P between all the citizens of the United
States of America, and all the individuals
compofing the whole Cherokee nation of In-
dians,
ARTICLE II.
Indians ac- The underfigned Chiefs and Warriors, for
knowledge themfelves and all parts of the Cherokee na-
»f u!s!°n tion, do acknowledge themfelves and the faid
Cherokee nation, to be under the protection
of the United States of America, and of no
other fovereign whofoever ; and they alfo fli-
pulate that the faid Cherokee nation will not
hold any treaty with any foreign power, indi-
vidual date, or with individuals of any {late.
ARTICLE III.
The Cherokee nation fhall deliver to the
Pnfoners Governor of the territory of the United States
to be re- Qf America, fouth of the river Ohio, on or
before the firft day of April next, at this place,
all perfons who are now prisoners, captured
by them from any part of the United States :
And the United States fhall on or before the
fame day, and at the fame place, reftore to the
Cherokees, all the prifoners now in captivity,
which the citizens of the United States have
captured from them. •
ARTICLE IV,
Eounda- The boundary between the citizens of the
ries. United States and the Cherokee nation, is
and fhall be as follows : Beginning at the top
of the Currahee mountain, where the Creek
line paffes it ; thence a direct line to Tugelo
river ; thence north eaft to the Occunna
mountain, and over the fame along the South-,
Carolina Indian boundary to the North-Caro-
Jina boundary ; thence north to a point from
t 427 ]
which a line is to be extended to the river Boundaries.
Clinch, that (hall pafs the Holfton at the ridge
which divides the waters running into Little
River from thofe running into the Tenneffee ;
thence up the river Clinch to Campbell's line,
and along the fame to the top of Cumberland
mountain ; thence a direct line to the Cum-
berland river where the Kentucky road croifes
it ; thence down the Cumberland river to a
point from which a fouth weft line will ftrike
the ridge which divides the waters of Cum-
berland from thofe of Duck river, forty miles
above Nafhville ; thence down the faid ridge
to a point from whence a fouth weft line will
ftrike the mouth of Duck river.
And in order to preclude forever all dis-
putes relative to the faid boundary, the fame
mail be afcertained, and marked plainly by
three perfons appointed on the part of the
United States, and three Cherokees on the
part of their nation*
And in order to extinguifh forever all claims
of the Cherokee nation, or any part thereof^
to any of the land lying to the right of the line
above defcribed, beginning as aforefaid at the
Currahee mountain, it is hereby agreed, that
in addition to the confideration heretofore
made for the faid land, the United States will
caufe certain valuable goods, to be immediate-
ly delivered to the underfigned Chiefs and
Warriors, for the ufe of their nation ; and
the faid United States will alfo caufe the fum
of one thoufand dollars to be paid annually
to the faid Cherokee nation. And the under-
figned Chiefs and Warriors, do hereby for
themfelves and the whole Cherokee nation,
their heirs and defcendants, for the considera-
tions above-mentioned, releafe, quit-daim, re-
[ 428 ]
stipulation
for a road.
U. States
to regulate
trade,
Guarantee.
No citizen
to fettle
on Indian
rands.
Nor hunt
on the fame
Indians to
deliver up
criminals.
iinquljh and cede^ alt the land to the right of
the line defcribed, and beginning as aforefaid.
ARTICLE V.
It is ftipulated and agreed, that the citizens
and inhabitants of theUnited States, ihall have
a free and unmolefted ufe of a road from
Wafhington diftricl: to Miro diftritt, and of
the navigation of the Tenneflee river.
ARTICLE VI.
It is agreed on the part of the Cherokees,
that the United States fhall have the fole and
exclufive right of regulating their trade.
ARTICLE VII.
The United States folemnly guarantee to
the Cherokee nation, all their lands not here-
by ceded.
ARTICLE VIII.
If any citizen of the United States, or other
perfon not being an Indian, fhall fettle on any
of the Cherokee's lands, fuch perfon (hall
forfeit the protection of the United States,
and the Cherokees may punifh him or not,
as they pleafe.
ARTICLE IX.
No citizen or inhabitant of theUnited States,
fhall attempt to hunt or deftroy the game on
the lands of the Cherokees ; nor fhall any ci-
tizen or inhabitant go into the Cherokee coun-
try, without a paffport firft obtained from the
Governor of fome one of the United States,
or territorial diftrifrs, or fuch other perfon as
the Prefident of the United States may from
time to time authorize to grant the fame.
ARTICLE X.
If any Cherokee Indian or Indians, or per-
fon refiding among them, or who fhall take
refuge in their nation, fhall fleal a horfe from,
C 429 ]
or commit a robbery or murder, or other ca-
pital crime, on any citizens or inhabitants of
the United States, the Cherokee nation mall
be bound to deliver him or them up, to be
punifhed according to the laws of the United
States.
ARTICLE XL
If any citizen or inhabitant of the United citizens of
States, or of either of the territorial diflri&s of u-. s.- com-
the United States, mail go into any town, fet- Sims in
tlement or territory belonging to the Chero- Indian ter"
ntorv to uc
kees, and mall there commit any crime upon, pUmihed.
or trefpafs againfl the perfon or property of
any peaceable and friendly Indian or Indians,
which if committed within the jurisdiction of
any Mate, or within the jurifdiftion of either
of the faid diftricls, againfl a citizen or white
inhabitant thereof, would be punimable by
the laws of fuch flate or diflrift, fuch offender
or offenders, mail be fubjed to the fame pu-
nifhment, and mail be proceeded againfl: in
the fame manner as if the offence had been
committed within the jurifdidion of the (late
or diflricl: to which he or they may belong,
againfl a citizen or white inhabitant thereof,
ARTICLE XII.
In cafe of violence on the perfons or pro- Retaliation
perry of the individuals of either party, neither reitraiheA.
retaliation or reprifal mail be committed by
the other, until fatisfaclion fha.ll have been
demanded of the party of which the aggref-
for is, and fhali have been refufed.
ARTICLE XIII.
The Cherokees mall give notice to the ci- chcrokecsk
tizens 01 the Linited States, of any defigns ticeoSde:
which they may know, or fufpecl to be form- 5f "saIr,ft
dJ . 1 \ ., r U. States-
in any neighbouring tribe, or by any perfon
U. Statee
c 430 i
whatever, againft the peace and intereft of the
United States.
ARTICLE XIV.
That the Cherokee nation may be led to a
iake pre- greater degree of civilization, and to become
femt&. herdfmen and cultivators, inftead of remain-
ing in a ftate of hunters, the United States
will from time to time furnilh gratuitoufly the
faid nation with ufeful implements of hufban-
dry, and further to affift the faid nation in fo
defirable a purfuit, and at the fame time to
eftablifh a certain mode of communication,
the United States will fend fuch, and fo many
perfons to refide in faid nation as they ma}
judge proper, not exceeding four in number,
who mall qualify themfelves to act as inter-
preters. Thefe perfons mall have lands af-
figned by the Cherokees for cultivation foi
themielves and their fuccefTbrs in office ; bi
they mail be precluded exercifmg any kind of
traffic.
ARTICLE XV.
An'imofi-' All aniniofities for pad grievances fhal
ticstoceafc. henceforth ceafe, and the contracting parties
will carry the foregoing treaty into full exe
cution with all good faith and fmcerity.
ARTICLE XVI.
This treaty mall take effect and be obligato-
ry on the contracting parties, as foon as the
fame mall have been ratified by the Prefident
of the United States, with the advice and con-
fent of the Senate of the United States.
In witness of all and every thing hereh
determined between the United States of Ame-
rica and the whole Cherokee nation, the parties
have hereunto fet their hands and feals, at the
Treaty Ground on the bank of the Holfton
near the mouth of the French Broad, withi
Ratifica-
C 43' ]
the United States, this fecond day of July, in
the year of our Lord, one thoufand feven hun-
dred and ninety-one.
WILLIAM BLOUNT, (z. s.)
Governsr in and over the Territory of the
United States of America, fouth of the Ri-
ver Ohio, and Superintendant of Indian
Affairs for the Southern Dijiricl.
Chuleoah, f or the Boots, z. s.
Squollecuttah, f or Hanging Maw, z. s.
Occunna, f or the Badger, z. s.
Enoleh, | or Black Fox, z. s.
Nontuaka, f or the Northward. z. s.
Tekakifka, f z. s.
Chutloh, f or King Fiftier, z. s.
Tuckafeh, f or Tarrapin, l. s.
Kateh, t l, s.
Kunnochatutloh, f or the Crane, z. s.
Cauquillehanah, f or the Thigh, z. s.
Chefquotteloneh, f or Yellow Bird, z. s.
Chickafawtehe, f or Chickafaw Killer, z. s.
Tufkegatehe, f Tulkega Killer, z. s.
Kulfatehe, f z. s.
Tinkfhalene, f z. s.
Sawutteh, f or Slave Catcher, z. s.
Aukuah, f z. s.
Oofenaleh, f z. s.
Kenotetah, f or Rifing Fawn, z. 5,
Kanetetoka, f or Standing Turkey, z. s,
Yonewatleh, t or Bear at home, z. s.
Long Will, f z. s.
Kunolkefkie, f or John Watts, z. s.
Nenetooyah, t or Bloody Fellow, z. s,
Chuquilatague, f or Double-Head, z. s.
Koolaquah, t or Pig Acorn, z. s.
Toowayelloh, f or Bold Hunter, z. s,
Jahle-oonoyehka, f or Middle Striker, z. s.
C 43; 3
Kinnefah, f or Cabin, z. s.
Tullotehe, f or Two Killer, z. s.
Kouloufke, f or Stopt Still, z. s.
Kulfatehe, f z. s.
Auquotague, t the Little Turkey's Son, z. s.
Talohtefke, f or Upfetter, z. s.
Cheakonelke, f or Otter Lifter, z. s.
Kefhukaune, f or She Reigns, z. $
Toonaunailoh, f z. s.
Teefteke, f or Common Difturber, z. s.
Robin M'Clemore, z. 5.
Skyuka, z. s.
John Thompfon, Interpreter.
James Cery, Interpreter.
DONE IN PRESENCE OF
Daniel Smith, Secretary of the" Territory of
the United States, fouth of the River Ohio.
Thomas Kennedy, of Kentucky.
James Robertfon, of Mero Dutriclr.
Claiborne Watkins, of Virginia.
Jno. M'Whitney, of Georgia.
Fauche, of Georgia.
Titus Ogden, North- Carolina.
John Chifolm, of Wafhington Diftricl:.
Robert King.
Thomas Gegg.
Articles of a Treaty
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
CHEROKEE INDIANS.
HE RE AS the treaty made and con-
cluded on Holfton river, on the fecond
day of July, one thoufand feven hundred and
ninety-one, between the United States of Ame-
rica and the Cherokee nation of Indians, has
not been fully carried into execution by reafon
of fome mifunder Handings which have arifen.
ARTICLE I.
And whereas the underfigned Henry Knox,
Secretary for the department of War, be- ?/^ty o£
ing authorized thereto by the Prefi,dent of binding,
the United States, in behalf of the faid United
States, and the underfigned Chiefs and Warri-
ors, in their own names, and in behalf of the
whole Cherokee nation, are defirous of re-efta,«<
blifhing peace and friendfliip between the faid
parties in a permanent manner, Do hereby de-
clare, that the faid treaty of Holfton is, to all
intents and purpofes, in full force and binding
upon the faid parties, as well in refpecl: to ■
I the boundaries therein mentioned as in all
other refpe&s whatever.
ARTICLE II.
It is hereby ftipulated that the bounda-
ries mentioned in the fourth article of the faid' Boundaries
treaty, fhall be actually afcertained and marked t0 bf ,
in the manner prescribed by the faid article,
whenever the Cherokee nation fhall have nine*
Vol. II. I 3
C 434 ]
ty days notice of the time and place at which
the commiffioners of the United States intend
to commence their operation.
ARTICLE III.
The United States, to evince their juftice by
Annual ai- amply compenfating the faid Cherooke nation
3°oo£CC °f °^ In<^ans f°r a^ relinquishments of land made
either by the treaty of Hopewell upon the Keo-
wee river, concluded on the twenty-eighth of
November, one thoufand feven hundred and
eighty five, or the aforefaid treaty made upon
Holfton river, on the fecond of July, one thou-
fand feven hundred and ninety-one, do here-
by ftipulate, in lieu of all former fums to be.
paid annually to furnifh the Cherokee Indians
with goods fuitable for their ufe,to the amount
of five thoufand dollars yearly.
ARTICLE IV.
ieoi- every And the faid Cherokee nation, in order
afom'tobe to evmce tne fincerity of their intentions in
deduced future,to prevent the practice of Healing horfes,
annuity.C attended with the . moft pernicious confe-
quences to the lives and peace of both parties,
do hereby agree, that for every horfe which
fhall be ftolen from the white inhabitants by
any Cherokee Indians, and not returned with-
in three months, that the fum of fifty dollars
{hall be deducted from the faid annuity of five
thoufand dollars.
ARTICLE V.
Thde arti- The articles , now' ftipulated will be con-
ei.es in ad- fidered as permanent additions to the treaty,
treaty of °f Holfton, as foonas they fhall have been ra-
Hoiflon. tified by the Prefident of the United States am"
the Senate of the United States.
[ 435 3
In witness of all and every thing herein
determined between the United States of
America and the whole Cherokee nation,
the parti&s have hereunto fet their hands
and feals in the city of Philadelphia, with-
in the United States, this twenty-fixth day
of June, in the year of our Lord one thou-
fand feven hundred and ninety-four.
H.KNOX, Secretary of War. (L. s.)
Tekakifskee, x or
Taken out of the Water. (l. s.)
Nontuaka, x or the Northward* (l. s.)
Cinafaw, L or the Cabin. (l. s.)
Skyuka. (l. s.)
Chuquilatague, d h or Double Head. (l. s.)
yohn MiClee?nore. x (l. s.)
Walalue, J or the Humming Bird- (l. s.)
Chuleowee. o (l. s.)
UJianaqua. x (l. s.)
Kullufathee. (L. s.)
Siteaba. x (l. s.)
Keenaguna, x or the Lying Fawn, (l. s.)
Chatakaelefa, C or the Fowl. Carrier, (l. s.)
Done in' the Prefence of
yohn Thompfan* ? T .
Arthur Coodey, { ^V^en.
Cantwell yones, of Delaware.
William Waff or d, of the ftate of Georgia*
W. M'Caleb, of South-Carolina.
Uamael Lewis, of Philadelphia,
A TREATY
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
TRIBES OF INDIANS
CALLED THE
SIX NATIONS.
THE Prefident of the United States having
determined to hold a conference with
the Six Nations of Indians, for the purpofe of
removing from their minds all caufes of com-
plaint, and eftabliming a firm and permanent
friendfhip with them ; and Timothy Pickering
being appointed fole agent for that purpofe ;
and the agent having met and conferred with
the Sachems, Chiefs and Warriors of the Six
Nations, in a general council : Now, in order
to accomplifh the good defign of this confer-
ence, the parties have agreed on the following
articles; which, when ratified by the Prefident,
with the advice and confent of the Senate of
the United States, mail be binding on them
and the Six Nations. ,
ARTICLE I.
Peace and friendfhip are hereby firmly efta- Peace anA
blifhed, and mall be perpetual, between the friendship
United States and the Six Nations. perpetual.
ARTICLE II.
The United States acknowledge the lands Certai-n
referved to the Oneida, Onondaga and Cay- lands fe-
uga Nations, in their refpeftive treaties with Zdhnl°
theftate of New- York, and called their refer-
vatipns, to be their property j and the United
C 438 ]
States will never claim the fame, nor difturb
them or either of the Six Nations, nor their
Indian friends refiding thereon and united with,
them, in the free ufe and enjoyment thereof :
but the faid refervations fhall remain theirs,
until they choofe to fell the fame to the people
of the United States, who have the right to
purchafe.
ARTICLE III.
Boundary The land of the Seneka nation is bounded
belonging as follows : Beginning on Lake Ontario, at
to seneka the north-weft corner of the land they fold to
Oliver Phelps, the line runs wefterly along
the lake, as far as O-yong-wong-yeh Creek,
at Johnfon's Landing-place, about four miles
eaftward from the fort of Niagara; then
foutherly up that creek to its main fork, then
ffcraight to the main fork of Stedman's creek,
which empties into the river Niagara, above
fort Schloifer, and then onward, from that
fork, continuing the fame ftraight courfe, to
that river ; (this line, from the mouth of O-
yong-wong-yeh Creek to the river Niagara,
above fort Schloifer, being the eaitern boun-
dary of a ftrip of land, extending from the
hmfiine to Niagara river, which the Seneka
nation ceded to the King of Great- Britain, at
a treaty held about thirty years ago, with Sir
William johnfon;) then the line runs along
the river Niagara to Lake Erie ; then along
Lake Erie to the iiorth-eaft corner of a trian-
gular piece of land which the United States
conveyed to the ftate of Pennfylvania, as by
the Prefident's patent, dated the third day of
March, 1792 ; then due fouth to the northern
boundary of that ftate ; then due eaft to the
fouth- weft corner of the land fold by the Se-
• neka nation to Oliver Phelps \ and then north
[ 439 ]
and northerly, along Phelps's line, to the
place of beginning on Lake Ontario. Now, the
United States acknowledge all the land with-
in the aforementioned boundaries, to be the
property of the Seneka nation; and the United
States will never claim the fame, nor difhurb
the Seneka nation, nor any of the Six Na-
tions, or of their Indian friends refiding there-
on and united with them, in the free ufe and
enjoyment thereof: but it mail remain theirs,
until they choofe to fell the fame to the people
of the United States, who have the right to
purchafe.
ARTICLE IV.
The United States having thus defcribed
and acknowledged what lands belong; to the Slx NatlBns
. '-' cj never to
1 Oneidas, Onondagas, Cayugas and Senekas, claim other
; and engaged never to claim the fame, nor to |ands;n *}*
Tn.ii r rr tit • boundaries
i dilturb them, or any or the Six Nations, or of u. s. ,
i their Indian friends refiding thereon and united
with them, in the free ufe and enjoyment
i thereof : Now, the Six Nations, and each of
them, hereby engage that they will . never
claim any other lands within the boundaries
i of the United States ; nor ever difturb the
I people of the United States in the free ufe and
(enjoyment thereof.
ARTICLE V.
The Seneka nation, all others of the Six
Nations concurring, cede to the United States &gfct to
i the right of making a waggon road from Fort ^ad^an-
iSchlofler to Lake Erie, as far fouth as BufFa- ted, &Paf-
lloe Creek; and the people of the United [^X
States mall have the free and undifturbed ufe
of this road, for the purpofes of travelling
and tranfportation. And the Six Nations, and
• each of them, will forever allow to the people
i of the United States, a free pafTage through
[ 440 ]
their lands, and the free ufe of the harbours
and rivers adjoining and within their refpective
traces of land, for the palling and fecuring of
veffels and boats, and liberty to land their car-
goes where neceflary for their fafety.
ARTICLE VI.
Prefcnt & ^n confideration of the peace and friend-
annuity, fhip hereby eftablifhed, and of the engage-
ments entered into by the Six Nations ; and
becaufe the United States defire, with huma-
nity and kindnefs, to contribute to their com-
fortable fupport; and to render the peace and
friendfhip hereby eftablifhed, ftrong and per-
petual ; the United States now deliver' to the
Six Nations, and the Indians of the other na-
tions refiding among and united with them, a
quantity of goods of the value of ten thou-
fand dollars. And for the fame confederations,
and with a view to promote the future welfare
of the Six Nations, and of their Indian friends
aforefaid, the United States will add the fum
of three thoufand dollars to the one thoufand
five hundred dollars, heretofore allowed them,
by an article ratified by the Prefident, on the
twenty-third day of April, 1792 ; making in
the whole, four thoufand five hundred dol-
lars ; which fhall be expended yearly forever,
in purchafing cloathing, domeftic animals, im-
plements of hufbandry, and other utenfils flut-
ed to their circumftances, and in compenfating
ufeful artificers3 who fhall refide with or near
them, and be employed for their benefit. The
immediate application of the whole annual al-
lowance now ftipulated, to be made by the fu-
perintendant appointed by the Prefident for
the affairs of the Six Nations, and their Indian
friends aforefaid.
[ 44i ]
ARTICLE VII.
Left the firm peace and friendfhip now efla-
blifhed mould be interrupted by the mifcon- Retaliation
duel of individuals, the United States and Six re raioe ?
Nations agree, that for injuries done by indi-
viduals on either fide, no private revenge or
retaliation fhall take place ; but, inilead there*
of, complaint fhall be made by the party injur-
ed, to the other : By the Six Nations or any of
them, to the Prefident of the United States, or
the Superintendant by him appointed: and by
the Superintendant, or other perfon appointed
by the Prefident, to the principal chiefs of the
Six Nations, or of the nation to which the of-
fender belongs : and fuch prudent meafures
fhall then be purfued as fhall be neceffary to
preferve our peace and friendmip unbroken j
until the legiflature (or great council) of the
United States fhall make other equitable pro-
vifion for the purpofe.
Note. It is clearly underftood by the par-
ties to this treaty, that the annuity flipulated
in the fixth article, is to be applied to the bene-
fit of fuch of the Six Nations and of their Indi-
an friends united with them as aforefaid, as do
or mail refide within the boundaries of the
United States : For the United States do not
interfere with nations, tribes or families, of
Indians elfewhere refident.
In witness whereof, the faid Timothy Pick-
ering, and the Sachems and War-chiefs of
the faid Six Nations, have hereto fet their
hands and feals.
DONE at Konon-daigua, in the Jlate of
New-Tork, the eleventh day of No-
vember, in the Tear one thoufandf even
hundred and ninety -four.
TIMOTHY PICKERING, (*, s.)
ft K3
. [ 442 ]
0-no-ye-ah-nee, x (l. s.)
Kon-ne-at-or-lee-oolr, x or
Handfotne Lake.
To-kenh-you-hau, x alias Qapt. Key.
Q-nes-hau-ee, x
Hendrick Aupanmut,
David Neefoonhuk, x
Kanatfoyh, alias Nicholas Kufik,
Soh-hon- te-o-quent, x
'Qo-duht-fa-it, x
Ko~nooh-qim'g, x
Tof-ibng-gau-lp-lus, x
John Skeri-en-do-a, x
O-ne-at-or-lee-ooh, x
Kuf-fau-wa-tau, x
E-yoo-ten-yoo-tau-ook, x
K.ohn-ye-au-gong, alias Jake Stroud.
Sha-gui-e-fa, x
Teer-oos, x alias Capt. Brantup.
Soos-ha-oo-wau, x
Henry Young Brant, x
Sonh-yoo-wau-na? x orBig Sky.
O-na-ahrhah, x
Hot-olh-a-henh, x
Kau-kon-da-nai-ya, x
Non-di-yau-ka, x
Kos-fifli-to-wau, x
Oo-jau-geht-a, x or Fifo Carrier*
To-he-ong-go, x
Oot-a-guai-fo, X
joo-non-dau-wa-onh, x
Ki-yau-ha-onh, x
Oo-tau-je'-au-genh, x or Broken Axe.
Tau-ho-on-dos, x or Open the Way.
Twau-ke-wa'fh-a, x
Se-qui-dong-qu.ee, alias Little Beard, (l. s.i
Kod-je-ote, x or Half Town.
Ken-jau-au-gus, x or Stinking Fijh.
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(U S.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.j
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
(l. s.)
C 443 ]
►Soo-xi5h-qiiau-kau, x
Twen-ni-ya-na, x
jim-kaa-ga, x, or Green Grafs-hopper
alias Little Billy.
Tug-geh-ihot-ta, x
Teh-ong-ya-gau-na, x
Teh-ong-yoo-wum, x
Kon-rie-yoo-we-fot, x
Ti-ooh-quot-ta-kaii-na, X3 or Woods
on Fire.
Ta-ouri-dau-deefh, x
Ho-na-ya-wus, x, alias Farmer's
Brother.
Sog-goa-ya-waut-hau, x, alias
Red Jacket.
Kon-yoo-ti-a-yoo, x
Sauh-ta-ka-ong-yees, x , (or Two
Skies of a length.)
Oun-na-fhatta-kau, x
Iva-ung-ya-neh-quee, x
Soo-a-yoo-wau, x
Kau-je-a-garonh, x, or Heap of Dogs.
Soo-nooh-fhoo-wau, x
T-ha-oo-wau-ni-as, x
Soo-riong-joo-wau, X
Kiant-whau-ka, x, alias Gornplanter*
Kau-neh-fhong-goo, x
WITNESSES t
Ifrael Chapin, William Shepherd, jun:
James Smedley, John Wickham,
Auguftus Porter, James K. Garnfey,
Wm. Jawing; Ifrael Chapin, jun*
f Horatia Jones,
Interpreters. < Jofeph Smith,
CJafper Panfh,
Henry Abeele.
(L
. S.)
(L
S.)
(L.
s.)
(L.
s.)
(L.
s.)
(l.
s.)
(l.
s.)
(L.
s.)
(*•
s.)
(L.
s.)'
(L.
s.)
(L.
s.)
(*
s.)
(L.
s.)
(L.
L)
(L.
a.)
(L.
••}
(I..
s.)
(L.
s.)
(L.
s.)
(L.
s.)
(L.
s.)
A TREATY
BETWEEN THE
UNITED STATES
AND THE
Oneida, Tufcorora, and Stockbridge
INDIANS.
A TREATT between the United States and
the Oneida, Tufcorora, and Stockbridge In-
dians, dwelling in the Country of the Oneidas,
'HE RE AS, in the late war between
Great-Britain and the United States
of America, a body of the Oneida and Tuf-
corora and the Stockbridge Indians, adhered
faithfully to the United States, and amflecl
them with their warriors ; and in confequence
of this adherence and affiftance, the Oneidas
and Tufcororas, at an unfortunate period of
the war, were driven from their homes, and
their houfes were burnt and their property de-
ftroyed : And as the United States in the time
of theft diftrefs, acknowledged their obliga-
tions to thefe faithful friends, and promifed to
reward them : and the United States being,
now in a condition to fulfil the promifes then
made : the following articles are ftipulated by
the refpe&ive parties for that purpofe ; to be
In force when ratified by the Prefident and
Senate*
ARTICLE I.
The United States will pay the fum of five 5000 doi-
thoufand dollars, to be diftributed among in- J^.^ Jed
dividuals of the Oneida and Tufcorora nations, for paft
as a compenfadon for their individual loffes 'o(resand
and- fervices during the late war between
E 446 ]
i/lilh to be
erected by
tJ. States.
fillers to
be provi-
ded*
Sooo dol-
lars given
to build a
church.
Indians re-
linquifh
further
claims.
Great-Britain and the United States. The on
ly man of the Kaughnawaugas now remain-
ing in the Oneida country, as well as fome
few very meritorious perfons of the Stock- .
bridge Indians, will be considered in the dis-
tribution.
ARTICLE II.
For the general accommodation of thefe
Indian nations, refiding in the country of the
Oneidas, the United States will caufe to be
erected, a complete grift-mill and faw-mill, m
a fituation to ferve the prefent principal fet-
tlements of thefe nations. Or if fuch one con-
venient fituation cannot be found, then the
United States will caufe to be erected two fuch
grift-mills and faw- mills, in places where it is
now known the prqpofed accommodation may
be effected. Of this the United States will
Jud&e' ARTICLE III.
The United States will provide, during
three years after the mills ihall be completed^
for the expenfe of employing one or two fui-
table perfons to manage the mills, to keep
them in repair, to inftruct fome young men
of the three nations in the arts of the miller
and fawer, and to provide teams and utenfiis
for carrying on the work of the mills.
ARTICLE IV.
The United States will pay one thoufahd
dollars, to be applied in building a convenient
church at Oneida, in the place of the one
which was there burnt by the enemy, in the
late war. ARTICLE V.
In confederation of the above ftipulations to
be performed on the part of the United States,
the Oneida, Tufcorora and Stockbridge In-
dians afore-mentioned, now acknowledge them-
C 447 ]
ielves fatisfied, and relinquifh all other claims
of compenfation and rewards for their lofies
and fervices in the late war. Excepting only
the unfatisfied claims of fuch men of the faid
nations as bore commiffions under the United
States, for any arrears which may be due to
them as officers.
In witness whereof, the chiefs of thofe na-
tions refiding in the country of the Qnei~
das, and Timothy Pickering, agent for
the United States, have hereto fet their
hands and feals, at Oneida, the fecond
day of December, in the year one thou-
fand feven hundred and ninety-four.
TIMOTHY PICKERING. l. s.
The marks ef
| j chems a0f r O-dot-faihte x l. sp
? ^dhas°nci" 1 Konno-quen-yau x l. s,
* } w2fbik4 Mn Skenendo x l. b,
h"] war chiefs S,ho-noh-le-yo x l. s.
g. L sachem. <j Peter Konnauterlook x l. s,
n i • ,. , C Daniel Te-ounes-lees,
$■* l fon of Skenendo x l. s.
n~) f LodowikKoh-fau-we-tau x l. s.
J > war chiefs 3 Cornelius Kauhiktoton x l. s.
f 3 C. Thos. Ofauhataugaunlot x l. s.
h ^ Sachem, <) T,Haulondauwaugon xl.s,
I C war chief. S Kanatjogh, or Nicholas
| J I Lujick
Witneffes to the figning and
fealing of the agent of the
United States, and of the
chiefs of the Oneida and
Tufcorora nations.
S. KlRKLAND.
James Dean, Interpreter,
L
]
Witneffes to the figning and
fealing of the four chiefs
oftheStockbridge Indians,
whofe names are below.
Saml. Kirkland.
John Sergeant.
Stockbridge
Indian chiefs.
Hendrick Aupaumut l. s.
Jofeph Quonney l. s.
John Konkapot l. s.
Jacob Konkapot l. s.
A Treaty of Peace
BETWEEN THE
UNITED STATES OF AMERICA
AND THE
TRIBES OF INDIANS,
CALLED THE
Wyandots, Delazvares, Shawanoes, Ottawas^
Chipewas, Putawati?nes, Miamis, Eel-
river, Weeds, Kickapoos, Pian-
kafhaws, and Kafkqfkias.
jO put an end to a definitive war, to fet-
tle all controversies, and to reftore har-
mony and a friendly intercourfe between the
faid United States, and Indian tribes j Antho-
ny Wayne, major-general, commanding the
army of the United States, and fole commif-
fioner for the good purpofes above-mentioned,
and the faid tribes of Indians, by their Sachems,
chiefs, and warriors, met together at Greene-
ville, the head quarters of the faid army, have
agreed on the following articles, which, when
ratified by the Prefident, with the advice and
confent of the Senate of the United States,
fhall be binding on them and the faid Indian
tribes.
ARTICLE I.
Henceforth all hoftilities mall ceafe ; peace
is hereby eflablifhed, and fhall be perpetual ;
and a friendly intercourfe (hall take place, be- tabiiflicd
tween the faid United States and Indian tribes.
ARTICLE II.
All prifoners fhall on both fides be reftored.
The Indians, prifoners to the United States,
fhall be immediately fet at liberty. The peo-
Vol. II. L 3
Peace ef-
C 45° ]
Prifoners
to be re-
ftored on
both fides.
Boundary
line eftab-
liflied.
pie of the United States, flill remaining prifon-
ers among the Indians, fliall be delivered up in
ninety days from the date hereof, to the gene-
ral or commanding officer at Greeneville, Fort
Wayne or Fort Defiance ; and ten chiefs of
the faid tribes mail remain at Greeneville as
hoftages, until the delivery of the prifoners
fhall be effected.
ARTICLE III.
The general boundary line between the
lands of the United States, and the lands of
the faid Indian tribes, fhall begin at the mouth
of Cayahoga river, and run thence up the fame
to the portage between that and the Tufcara-
was branch of the Mufkingum ; thence down
that branch to the croffing place above Fort
Lawrence; thence weflerly to a fork of that
branch of the great Miami river running into
the Ohio, at or near which fork flood Loro-
inie's flore, and where commences the portage
between the Miami of the Ohio, and St. Ma-
ry's river, which is a branch of the Miami,
which runs into Lake Erie; thence a wefleriy
courfe to Fort Recovery, which ftands on
branch of the Wabafh ; then fouth-weflerly in
a direct line to the Ohio, fo as to interfe£t that
river oppofite the mouth of Kentucke or Cut-
tawa river. And in confideration of the peace
now eftablifhed : of the goods formerly receiv-
ed from the United States ; of thofe now to
be delivered, and of the yearly delivery of
goods now ftipulated to be made hereafter,
and to indemnify the United States for the in-
juries and expenfes they have mftained during
the war ; the faid Indian tribes do hereby cede
and relinquifh forever, all their claims to the,
lands lying eafhvardly and fouthwardly of the
general boundary line now defcribed; and
L 451 ]
thefe lands, or any part of them, mall never
hereafter be made a caufe or pretence, on the
part of the faid tribes or any of them, of war
or injury to the United States, or any of the
people thereof.
And for the fame confiderations, and as an
evidence of the returning friendfhip of the faid
Indian tribes, of their confidence in the Uni-
ted States, and defire to provide for their ac-
commodation, and for that convenient inter-
courfe which will be beneficial to both parties,
the faid Indian tribes do alfo cede to the Uni-
ted States the following pieces of land; to wit.
(1.) One piece of land fix miles fquare at or
near Loromie's ftore before mentioned. (2.)
One piece two miles fquare at the head of the
navigable water or landing on the St. Mary's
river, near Girty's town. (3.) One piece fix
miles fquare at the head of the navigable wa-
ter of the Au-Glaize river. (4.) One piece fix particular
miles fquare at the confluence of the Au- tra<a$of
Glaize and Miami river s., where Fort Defiance indiaiJ/
now ftands. (5.) One piece fix miles fquare
at or near the confluence of the rivers St. Ma-
ry's and St. Jofeph's, where Fort Wayne now
ftands, or near it. (6.) One piece two miles
fquare on the Wabafli river at the end of the
portage from the Miami of the lake, and
about eight miles weftward from Fort Wayne.
(7.) One piece fix miles fquare at the Ouata-
non or old Weea towns on the Wabafh river.
(8.) One piece twelve miles fquare at the Bri-
tifh fort on the Miami of the lake at the foot
of the rapids. (9.) One piece fix miles fquare
at the mouth of the faid river where it empties
into the Lake. ( 1 o.) One piece fix miles fquare
upon Sandufky lake, where a fort formerly
flood. (11.) One piece two miles fquare at
L 452 ]
the lower rapids of Sandufky river. (12.) The
poft of Detroit and all the land to the north,
the weft and thefouth of it, of which the In-
dian title has been extinguifhed by gifts or
grants to the French or Englilh governments;
and fo much more land to be annexed to the
diftrict of Detroit as fhall be comprehended
between the river Rofine on the fouth, lake
St. Clair on the north, and a line, the general
courfe whereof mall be fix miles diftant from
the weft end of lake Erie, and Detroit river.
(13.) The poft of Michillimackinac, and all
the land on the iiland, on which that poft
ftands, and the main land adjacent, of which
the Indian title has been extinguished by gifts
or grants to the French or Englifh govern-
ments ; and a piece of land on the main to the
north of the iiland, to meafure fix miles on
lake Huron, or the ftreight between lakes Hu-
ron and Michigan, and to extend three miles
back from the water of the lake or ftreight,
and alfo the iiland De Bois Blanc, being an
extra and voluntary gift of the Chipewa na-
tion. ( 1 4.) One piece of land fix miles fquare at
the mouth of Chikago river emptying into
the fouth-weft end of Lake Michigan, where
a fort formerly flood. (15.) One piece twelve
miles fquare at or near the mouth of the Illi-
nois river, emptying into the Miffiffippi. (16.)
One piece fix miles fquare at the old Piorias
fort and village, near the fouth end of the Illi-
nois lake on faid Illinois river : And whene-
ver the United States fhall think proper to fur-
vey and mark the boundaries of the lands
hereby ceded to them, they fhall give timely
notice thereof to the faid tribes of Indians, that
they may appoint fome of their wife chiefs to
attend and fee that the lines are run according
to the terms of this treaty.
[ 453 ]
And the faid Indian tribes will allow to the
people of the United States a free paffage by
land and by water, as one and the other fhall „ _
i r i • i T. -l • Ceffion ot
be round convenient, through their country, pairages in
along the chain of pofts herein before mention- certam P!a-
ed ; that is to fay, from the commencement of Indians.
the portage aforefaid at or near Loromie's
ftore, thence along faid portage to the St.
Mary's, and down the fame to Fort Wayne,
and then down the Miami to lake Erie : again
from the commencement of the portage at or
near Loromie's ftore along the portage from
thence to the river Au-Glaize, and down the
fame to its junction with the Miami at Fort
Defiance : again from the commencement of
the portage aforefaid, to Sandufky river, and
down the fame to Sandufky bay and lake Erie,
and from Sandufky to the poft which fhall be
taken at or near the foot of the rapids of the
Miami of the lake : and from thence to De-
troit. Again from the mouth of Chikago, to
the commencement of the portage, between
that river and the Illinois, and down the Illi-
nois river to the MiffifTippi, alfo from Fort
Wayne along the portage aforefaid which
leads to the Wabafh, and then down the Wa-
bafh to the Ohio. And the faid Indian tribes
will alfo allow to the people of the United
States the free ufe of the harbours and mouths
of rivers along the lakes adjoining the Indian
lands, for fheltering veffels and boats, and li-
berty to land their cargoes where necefTary for
their fafety.
ARTICLE IV.
In confideration of the peace now eftablifh-
ed and of the ceffions and relinquishments of
lands made in the preceding article by the faid
tribes of Indians, and to manifeft the liberali-
C 454 J
IlelinquiiTi-
ment of
Exceptions
ty of the United States, as the great means of
certain rendering this peace ftrong and perpetual ;
ils. y tne United States relinquiih their claims to
all other Indian lands northward of the river
Ohio, eaftward of the Miffifiippi, and weft-
ward and fouthward of the Great Lakes and
the waters uniting them, according to the
boundary line agreed on by the United States
and the king of Great-Britain, in the treaty
of peace made between them in the year 1783.
But from this relinquishment by the United
States, the following traces of land, are expli-
citly excepted, ift. The trad of one hundred
and fifty thoufand acres near the rapids of
the river Ohio, which has been affigned to
General Clark, for the ufe of himfelf and
his warriors. 2d. The poll of St. Vincennes
on the river Wabafh, and the lands adjacent,
of which the Indian title has been extinguish-
ed. 3d. The lands at all other places in pof-
femon of the French people and other white
fettlers among them, of which the Indian ti-
tle has been extinguilhed as mentioned in the
3d article ; and 4th. The poll of fort Maflac
towards the mouth of the Ohio. To which fe-
veral parcels of land fo excepted, the faid tribes
relinquim all the title and claim which they or
any of them may have.
And for the fame confiderations and with
Annual ai- the fame views as above mentioned, the Uni-
owance to tecj States now deliver to the faid Indian tribes
be made to .
the Indians, a quantity of goods to the value of twenty
thoufand dollars, the receipt whereof they do
hereby acknowledge ; and henceforward eve-
ry year forever the United States will deliver
at fome convenient place northward of the ri-
ver Ohio, like ufeful goods, fuited to the cir-
cumftances of the Indians, of the value of
[ 455 ]
nine thoufand five hundred dollars ; reckon- Annual ai-
ing that value at the firft coft of the goods in bTmade to
the city or place in the United States, where the Indian*.
they fhall be procured. The tribes to which
thofe goods are to be annually delivered, and
the proportions in which they are to be deli-
vered, are the following.
i ft. To the Wyandots, the amount of one
thoufand dollars. 2d. To the Delawares, the
amount of one thoufand dollars. 3d. To the
Shawanefe, the amount of one thoufand dol-
lars. 4th. To the Miamis, the amount of one
thoufand dollars. 5th. To the Ottawas, the
amount of one thoufand dollars. 6th. To the
Chipewas, the amount of one thoufand dol-
lars. 7th. To the Putawatimes, the amount of
one thoufand dollars. 8th. And to the Kicka-
poo, Weea, Eel-river, Piankafhaw and Kafkaf-
kias tribes, the amount of five hundred dol-
lars each.
Provided, That if either of the faid tribes
fliall hereafter at an annual delivery of their
mare of the goods aforefaid, defire that a part
of their annuity mould be furnifhed in domes-
tic animals, implements of hufbandry , and other
utenfils convenient for them, and in compen-
fation to ufeful artificers who may refide with
or near them, and be employed for their bene-
fit, the fame fhall at the fubfcquent annual de-
liveries be furnifhed accordingly.
ARTICLE V.
To prevent any mifunderflandingc about
• • Indiar^
the Indian lands relinquifhed by the United have.rioht
States in the fourth article, it is now explicit- t0 hmu 01;
ly declared, that the meaning of that relin- linquifi^ci
quifhment is this : The Indian tribes who have bY u« *<
a right to thofe lands, are quietly to enjoy
them, hunting, planting, and dwelling there-
[ 45^ ]
but may
i'cli only to
U. S. &to
be under
their pro-
tection.
Indians
may expel
fettlers
from their
lands.
Indians
may hunt
(Mi lands
ceded to U.
States*
on fo long as they pleafe, without any molef-
tation from the United States ; but when thofe
tribes, or any of them, mall be difpofed to fell
their lands, or any part of them, they are to
be fold only to the United States ; and until
fuch fale, the United States will protect all
the faid Indian tribes in the quiet enjoyment
of their lands againft all citizens of the Uni-
ted States, and againft all other white perfons
who intrude upon the fame. And the laid In-
dian tribes again acknowledge themfelves to
be under the protection of the faid United
States and no other power whatever.
ARTICLE VI.
If any citizen of the United States, or any
other white perfon or perfons, fhall prefume to
fettle upon the lands now relinquifhed by the
United States, fuch citizen or other perfon
mail be out of the protection of the United
States ; and the Indian tribe, on whofe land the
fettlement fhall be made, may drive off the fet-
tler, or punifh him in fuch manner as they fhall
think fit ; and becaufe fuch fettlements made
without the confent of the United States, will
be injurious to them as well as to the Indians,
the United States fhall be at liberty to break
them up, and remove and punifh the fettlers as
they fhall think proper, and fo effect that pro-
tection of the Indian lands herein before fti-
pulated.
ARTICLE VII.
The faid tribes of Indians, parties to this trea-
ty, fhall be at liberty to hunt within the terri-
tory and lands which they have now ceded to
the United States, without hindrance or mo-
leftation, fo long as they demean themfelves
peaceably, and offer no injury to the people of
the United States.
[ 457 1
ARTICLE VIII.
Trade fhall be opened with the faid Indian
tribes ; and they do hereby refpeclively en- Trade to fet
cr- r • • - , hi- i- 1 r \* °Peued
gage to aftord protection to men perions, with with the
their property, as fhall be duly licenfed to IndianSi
refide among them for the purpofe of trade,
and to their agents and fervants ; but no per-
fon fhall be permitted to refide at any of their
towns or hunting camps as a trader, who is
not furnifhed with a licenfe for that purpofe*
under th$ hand and feal of the fuperintendant
of the department north-weft of the Ohio, or
fuch other perfon as the Prefident of the Uni-
ted States fhall authorize to grant fuch licen-
fes ; to the end, that the faid Indians may not
be impofed on in their trade. And if any li-
cenfed trader fhall abufe his privilege by un-
fair dealing, upon complaint and proof thereof,
his licenfe fhall be taken from him, and he
malLbe further punifhed according to the laws
of the United States. And if any perfon fhall
intrude himfelf as a trader, without fuch li-
cenfe, the faid Indians fhall take and bring
him before the fuperintendant or his deputy >
to be dealt with according to law. And to
prevent impofitions by forged licenfes, the
faid Indians fhall at leaft once a year give in*-
formation to the fuperintendant or his depu-
ties, of the names of the traders refiding among
them.
ARTICLE IX.
Left the firm peace and friendfhip now efta- IndIaas
blifhed mould be interrupted by the mifcon- agree t«*
duel of individuals, the United States, and the par^e°rc,
faid Indian tribes agree, that for injuries done venge.
by individuals on either fide, no private re-
venge or retaliation fhall take place ; but in-
ftead thereof, complaint fhall be made by the
Vol II. M 3
t 458 ]
party injured, to the other : By the faid Indi-
an tribes, or any of them, to the Prefident of
the United States, or the fuperintendant by
him appointed ; and by the fuperintendant or
other perf»n appointed by the Prefident, to
the principal chiefs of the faid Indian tribes,
or of the tribe to which the offender belongs j
and fuch prudent meafures fhall then be pur-
fued as fhall be neceflary to preferve the faid
peace and friendfhip unbroken, until the Le-
giflature (or Great Council) of the United
States, fhall make other equitable provifion in
the cafe, to the fatisfaclion of both parties.
Should any Indian tribes meditate a war
againft the United States or either of them,
and the fame fhall come to the knowledge of
the before-mentioned tribes, or either of them,
they do hereby engage to give immediate no-
tice thereof to the general or officer command-
ing the troops of the United States, at the
neareft poft. And mould any tribe, with hof-
tile intentions againft the United States, or ei-
ther of them, attempt to pafs through their
iuid to give country, they will endeavour to prevent the
hoftiicde- fame, and in like manner give information of
fig™ againft fucn attempt, to the general or officer com-
manding, as foon as poflible, that all caufes of
miftruft and fufpicion may be avoided between
them and the United States. In like manner
the United States fhall give notice to the faid
Indian tribes of any harm that may be medita-
ted againft them, or either of them, that fhall
come to their knowledge ; and do all in their
power to hinder and prevent the fame, that the
friendfhip between them may be uninterrupted.
ARTICLE X,
Former j±\\ other treaties heretofore made between
vuki.'ea the United States and the faid Indian tribes,
[ 459 ]
or any of them, fince the treaty of 1783, be-
tween the United States and Great -Britain,
that come within the purview of this treaty,
{hall henceforth ceafe and become void.
In Tefkimony whereof *, the faid Anthony Wayne,
and the Sachems and War-Chiefs of the be-
fore-mentioned Nations and Tribes of Indians,
have hereunto fet their Hands , and affixed
their Seals. Done at Greeneville, in the Ter-
ritory of the United States, north-weft of the
river Ohio, on the third Day of Auguft, one
thoufandfeven hundred and ninety-five.
ANTHONY WAYNE, L. S.
Wyandots.
Tar- he, or (Crane J x L. s.
J. Williams, jun. x l. s.
Tey-yagh-taw, x l. s.
Ha-ro-en-you, (or half King's Son ) x l. s.
Te-haaw-to-rens, x l. s„
Aw-me-yee-ray, x l. s.
Staye-tah, x l. s.
Sha-tey-ya-ron-yah, (or Leather
Lips ) XL. s.
: Daugh-fhut-tay-ah, x L. s.
Sha-aw-run-the, . -x l. s.
Delawar.es.
Teta-bokfli-ke, (or Grand Glaize
King) x L. s.
Le-man-tan-quis, (or Black King) x L. s.
"Wa-bat-thoe, x L. s.
Magh-pi-way, (or Red Feather) x L. S.
Kik-tha^we-nund, (or Anderfon) x L. s.
Bu-kon-ge-helas, x t. s.
Pee-kee-lund, x L. s.
Wdie-baw-kee-Iund, x L. s.
Pee-kee-tel«-mund, (or Thomas
Adams ) x L. s.
Kifh-ko-pe-kund, (or Captain Buffalo* ) x L. s.
Ame-na-hehan, (or Captain Crow) x L. s.
Que-Shawk-fey, (er George
Wajhington ) X L. s.
[ 4^o ]
Wey Win-quis, (or Billy Sifiowb) x L. s.
Mofes, x L. s.
Shawanoes,
Mif-qua-Coo-na-caw, (or Red Bole) x l. s.
Cut-the-we-ka-faw, (or Black Hoof) x L. s,
Kay-fe-wa-e-fe-kah, x l. s.
Wey-tha-pa-mat-tha, x l. s.
Nia-nym-fe-ka, x l. s.
Way-the-ah, (or Long Shanks) x L. s.
Wey-a-pier-fen-waw, (or Blue
jacket) x L. s.
Ne-que, taugh-aw, x l. s.
Hah-goo-fee^kaw, (or Captain Reed) x l. s.
Ottawas.
Au-Goofh^iway, x l. s.
Kee-No-fha-Meek, x l .s.
La Malice, x l. s.
Ma-chi-we-tah, x l. s.
Tho-wo-na-wa, x l. s.
Se-Caw, x l. s.
Chippewas.
Mafh-i-pi-nafli-i-wim, (or Bald Bird) x L. s.
Nah-fho-ga-fhe, (from lake Superior) x l. s.
Ka-tha-wa-fung,
Ma-fafs,
'
X L. 5.
X L. S.
Ne-me-kafs, (or Little Thunder )
X L. S.
Pe-fhaw-kay, (or Young Ox)
Nan-guey.
Mee-ne-doh-gee-fogh,
Pee-wan-fhe-me-nogh,
X L. S.
X L. S.
X L. S.
X L. S.
Wej/-me-gwas}
Gob-ma-a-tick,
X L. S.
X L. S.
Ottawa.
Che-go-Nickfka, (an Ottawa from
Sandufky) x l. s.
Putawatames of the JR.jver . Saint Jofeph.
Thu-pe-ne-bu, x l. s.
Naw-ac, (for himfelf and brother
A-fi-me-the) x l. s.
Ne<-Nan-fe-ka, x l. s,
Kee-fafs, (or -Sun) x l. s>
[ 46i ]
Ka-ba-ma-faw, (for himfelf and
brother Chi-fau-gan) x L. s.
Sug-ga-nunk,
Wap-me-me, (or White Pigeon )
Wa-che-nefs, (for himfelf and
brother Pe-da-go-fhok)
Wab-fhi-caw-naw,
La Chafle,
Me-fhe-ge-the-nogh, (for himfelf and
brother Wa-wa-fek)
Hin-go-fwafh,
A-ne-wa-faw,
Naw-budgh,
Mif-fe-no-go-maw,
Wa-we-eg-lhe,
Thaw-me, (or le Blanc J
Gee-que, (for himfelf and brother
She-win-fe) x l. s.
Patawatames of Huron,
X
L.
S.
X
L.
s.
X
L.
s.
X
L.
s.
X
L.
s.
X
L.
s.
X
L.
s»
X
L.
s.
X
L.
s.
X
L.
s.
X
L.
s.
X
L.
s.
O-ki-a,
X L. s.
Chamung,
X L. S.
Se-ga-ge-wan,
X L. S.
Na-naw-me, (for himfelf and
brother A. Gin)
X L. S.
Mar-chand,
X L. S.
We-Na-me-ac,
X L. S.
Mimnies*
Na-goh-quan-gogh, (or Le Gris ) x L. s.
Me-fhe-kun-nogh-quoh, (or Little
Turtle) x L. S.
Mmmis and Eel-River.
Pee-jee-wa, (or Richard yille) x l. s.
Coch-ke-pogh-togh, x l. s.
Eel-River Tribe.
Sha-me-kun-ne-fa, (or Soldier) x L. s»
MlAMIS.
Wa-pa-man-gWa, (or the White Loon) x l. s.
Weeds , for themfehes and the Piankajhaws.
A-Ma-Cun-fa, (or Little Beaver) x L. s.
A-Coo-la-tha, (or Little JFox) x L. s.
Francis, x l. s.
C 462 ]
Kickapoos and Kafkajkias.
Kee-aw-hah,
X L.S.
Ne-migh-ka, (or Jofey Renard)
X z.s.
Pai-kee-ka-nogh,
X L.S.
Delaware* of Sandujky.
Haw-kin-pu m-is-ka,
X L.S.
Pey-a-mawk-fey,
X L.S.
Reyn-tue-co, (of the Six Nations,
living at Sanduflcy)
X L. S.
In prefence of, (the word fC goods" in the 6th line
of the 3d article; the word « before" in the 26th
line of the 3d article; the words " five hundred"
in the roth line of 4th article, and the word
<f Piankafhaw" in the 14th line of the 4th ar-
ticle, being firft interlined.)
H. De Butts, firft A. D. C. and Sec'y to M. ~G.
Wayne.
Wm. H. Harrifon, Aid-de-camp to M. G. Wayne.
T. Lewis, Aid-de-camp to M„ G. Wayne.
James O'Hara, Quarter-Mafter Ge'nl.
}ohn Mills, Major of Infantry, and Adj. Genh
Caleb Swan, P. M. T. U- S.
Geo. Demter, Lieut. Artillery.
Vigo.
P, fris La Fontaine*
Ant. Laffelle.
H. Lafelle,
Jn. Beau Bien.
David Jonnes, Chaplain U. S. L.
Lewis Beufait.
R. Lachambre.
Jas. Pepen.
Baties Coutien.
P. Navarre.
Sworn Inter breters.
Wm. Wells.
Jacques Laffelle.
M. Morins. .
Bt. Sans Crainte.
Chriftopher Miller.
Robert Wilfon.
Abraham x Williams.
Ifaac x Zane.
TREATY
O F
Amity, Commerce and Navigation,
BETWEEN
HIS BRITANNIC MAJESTY
AND THE
UNITED STATES OF AMERICA,
By their Prejident, with the Advice and Con/en:
of their Senate,
IS Britannic Majefty and the United
States of America, being defirous, by a
treaty of amity, commerce and navigation, to
terminate their differences in fuch a manner,
as, without reference to the merits of their
refpeftive complaints and pretenfions, may be
the beft calculated to produce mutual fatisfac-
tion and good underftanding ; and alfo to re-
gulate the commerce and navigation between
their refpe&ive countries, territories and peo-
ple, in fuch a manner as to render the fame re-
ciprocally beneficial and fatisfactory ; they
have, respectively, named their plenipotenti-
aries, and given them full powers to treat of,
and conclude the faid treaty j that is to fay ;
His Britannic Majefty has named for his Ple-
nipotentiary, the Right Honorable William
Wyndham Baron Grenville of Wotton, one
of his Majefty's Privy Council, and his Majef-
ty's Principal Secretary of State for Foreign
Affairs ; and the Prefident of the faid United
States, by and with the advice and confent of
the Senate thereof, hath appointed for their
plenipotentiary, the honorable John Jay, Chief
Juftice of the faid United. States, and their en*
r. 464 ]
voy extraordinary to his Majefty ; who have
agreed on and concluded the following articles,
ARTICLE I.
There fliatl be a firm, inviolable and uni-
Peacc cfia- verfal peace, and a true and fincere friendfhip
between his Britannic Majefty, his heirs and
fucceffors, and the United States of America ;
and between their refpective countries, terri-
tories, cities, towns and people of every de-
gree, without exception of perfons or places.
ARTICLE II.
His Majefty will withdraw all his troops
His Ma- and garrifons from all pofts and places within
withdraw tne boundary lines affigned by the treaty of
troops from peace to the United States. This evacuation
u. states, jj^u tajJ.e p|aC£ on or before tjje grfl. jay Qf
June, one thoufand feven hundred and ninety-
fix, and all the proper meafures fhall in the
interval be taken by concert between the go-
vernment of the United States, and his Majef-
ty's Governor-General in America, for fet-
tling the previous arrangements which may
be necefTary reflecting the delivery of the
faid pofts : The United States in the mean
time at their difcretion, extending their fettle-
ments to any part within the faid boundary
line, except within the precinds or j urifdiction
of any of the faid pofts. All fettlers and tra-
Priviiegea ders, within the precincts or j urifdiction of
fcuicrs and tne foid pofts, fhall continue to enjoy, unmo-
tradcrs. lefted, all their property of every kind, and
fhall be protected therein. They fhall be at
full liberty to remain there, or to remove with
all or any part of their effects ; and it fhall
alfo be free to them to fell their lands, houfes,
or effects, or to retain the property thereof,
at their difcretion ; fuch of them as fhall con-
tinue to refide within the faid boundary lines,
L 4S5 1
mall not be compelled to become citizens of
the United States, or to take any oath of alle-
giance to the government thereof ; but they
mall be at full liberty fo to do if they think
proper, and they ihall make and declare their
election within one year after the evacuation
aforefaid. And all perfons who fhall continue
there after the expiration of the faid year, with-
out having declared their intention of remain-
ing fubje&s of his Britannic Majefty, fhall be
confidered as having elected to become citizens
of the United States.
ARTICLE III.
It is agreed that it fhall at all times be free
to his Majefty's fubjects, and to the citizens Comitf^
of the United States, and alfoto the Indians dai inter-
dwelling on either fide of the faid boundary gXfe/be-
line, freely to pafs and repafs by land or in- tween the
land navigation, into the refpective territories ^^^Jf
and countries of the two parties, on the con- tinent of
tinent of America (the country within the li- AmcnCA'
mits of the Hudfon's bay Company only ex-
cepted) and to navigate all the lakes, rivers
and waters thereof, and freely to carry on
trade and commerce with each other. But it
is underftood, that this article does not extend-
to the admiffion of veffels of the United States
into the fea-ports, harbours, bays, or creeks of
his Majefty's faid territories ; nor into fuch
parts of the rivers in his Majefty's faid territo-
ries as are between the mouth thereof, and the
highefl port of entry from the fea, except in
fmall veffels trading bona fide between Mon-
treal and Quebec, under fuch regulations as
{hall be eftablifhed to prevent the poflibility
of any frauds in this refpect. Nor to the ad^
mifTion of Britifh veffels from the fea into the
rivers of the United States, beyond the higheft
. Vol. IL N 3
0 466 ]
Commer-
cial inter-
course
regulated
between
the two
parties on
the conti-
nent of
.America.
ports of entry for foreign veffels from the fea.
The river Miflifippi (hall, however, according,
to the treaty of peace, be entirely open to both
parties ; and it is further agreed, that ail the
ports and places on its eaftern fide, to which-
foever of the parties belonging, may freely be
reforted to and ufed by both parties, in as am-
ple a manner as any of the Atlantic ports or
places of the United States, or any of the ports
or places of his Majefty in Great-Britain.
All goods and merchandize whofe importa-
tion into his Majefty's laid territories in Ame-
rica, fhall not be entirely prohibited, may free-
ly, for the purpofes of commerce, be carried
into the fame in the manner aforefaid, by the
citizens of the United States, and fuch goods
and merchandize (hall be fubject to no higher
or other duties, than would be payable by his
Majefty's fubjecls on the importation of the
lame from Europe into the faid territories.
And in like manner, all goods and merchan-
dize whofe importation into the United States
mall not be wholly prohibited, may freely, for
the purpofe of commerce, be carried into the
fame, in the manner aforefaid, by his Majefty's.
fubjects, and fuch goods and merchandize
fhall be fubjecl to no higher or other dutiesy
than would be payable by the citizens of the
United States on the importation of the fame
in American veffels into the Atlantic ports of
the faid flates. And all goods not prohibited
to be exported from the faid territories reflec-
tively, may in like manner be carried out of
the fame by the two parties refpectively, pay-
ing duty as aforefaid.
No duty of entry fhall ever be levied by
either party on peltries brought by land, or
inland navigation into the faid territories re-.
L 4C7 ]
fpe&ively, nor fhall the Indians pafling or re- Commer-
paffing with their ov/n proper goods and ef- c0^rfe
feels of whatever nature, pay for the fame any regaled
« between
impoft or duty 'whatever. But goods m the two
bales, or other large packages, unufual among p,art,ccs0°tn
Indians, fhall not be confidered as goods be- Bent of
longing bona fide to Indians. America.
No higher or other tolls or rates of ferriage
than what are or fhall be payable by natives,
fhall' be demanded on either fide ; and no du-
ties mail be payable on any goods which fhall
merely be carried over any of the portages or
carrying-places on either fide, for the purpofe
of being immediately re-imbarked and carried
to fome other place or places. But as by this
ftipulation it is only meant to fecure to each
party a free paifage acrofs the portages on both
fides ; it is agreed, that this exemption from
duty fhall extend only to fuch goods as are car-
ried in the ufual and direct road acrofs
the portage, and are not attempted to be in any
manner fold or exchanged during their paifage
acrofs the fame, and proper regulations may
be eftablifhed to prevent the poffibility of any
frauds in this refpecl.
As this article is intended to render in a
great degree the local advantages of each par-
ty common to both, and thereby to promote
a difpofition favorable to friendfliip and good
neighbourhood, it is- agreed, that the refpec-
tive governments will mutually promote this
amicable intercourfe, by caufmg fpeedy and
impartial juftice to be done, and neceffary pro-
tection to be extended to all who may be con-
cerned therein.
ARTICLE IV.
Whereas it is uncertain whether the river
Miffifippi extends fo far to the northward, as
L" 468 ]
bum of t0 t>e interfe&ed by a line to be drawn due
phe Miffi- weft from the Lake of the Woods, in the man-.
madV.0 e ner mentioned in the treaty of peace between
his Majefty and the United States; it is agreed,
that meafures ihall be taken in concert be-
tween his Majeiiy's government in America
and the government of the United States, for
making a joint furvey of the faid river from
one degree of latitude below the falls of St.
Anthony, to the principal fource or fources of
the faid river, and alfo of the parts adjacent
thereto ; and that if on the refult of fuch fur-
vey, it mould appear that the faid river, would
not be interfered by fuch a line as is above-
-mentioned, the two parties will thereupon pro-
ceed by amicable negociation, to regulate the
boundary line In that quarter, as well as all
other points to be adjufted between the faid
parties, according to juflice and mutual conve-
nience, and in conformity to the intent of the
faid treaty.
ARTICLE V.
Whereas doubts have arifen what river was
truly* intended under the name of the river St.
Croix, mentioned in the faid treaty of peace,
and forming a part of the boundary therein
defcribed ; that queflion ihall be referred to
the final decifion of commiffioners to be ap-
pointed in the following manner, viz.
Commit One commimoner ihall be named by his
beT^ohit- ^aJefty5 and one by the Prefident of the Uni-
ed to decide ted States, by and with the advice and confent
£ the river °^ tlle Senate thereof, and the faid two com-
st. Croix mimoners mail agree on the choice of a third;
tfetreafy y or if theY cannot fo agree, they Ihall each pro-
of peace to pofe one perfon, and of the two names fo pro-
bomldary P°fed, one mall be drawn by lot in the pre-
u "thcu. s, fcUce of the two original cominiflioners. And
C 469 ]
the three commiffioners fo appointed, fhall be Commif-
fworn, impartially to examine and decide the beapS°X«-
faid queftion, according to fuch evidence as edtock-
fhall refpeftively <be laid before them on the ^ert'the
part of the Britifh government and of the river st.
United States. The laid commiffioners fhall £nded by
meet at Halifax, and fhall have power to ad- the treaty
journ to fuch other place or places as they be^he"
fhall think fit. They fhall have power to ap- boundary^
point a fecretary, and to employ fuch furvey- 0l
ors or other perfons as they fhall judge necef-
fary. The faid commiffioners fhall, by a decla-
ration, under their hands and feals, decide
what river is the river St. Croix, intended by
the treaty. The faid declaration fhall contain a
defcription of the faid river, and fhall parti-
cularize the latitude and longitude of its
mouth and of its fource. Duplicates of this
declaration and of the flatements of their ac-
counts, and of the journal of their proceed-
ings, fhall be delivered by them to the agent
of his Majefty, and to the agent of the United
States, who may be refpe&ively appointed and
authorized to manage the bufmefs on behalf
of the refpeclive governments. And both par-
ties agree to confider fuch decision as final and
conclufive, fo as that the fame fhall never
thereafter be called into queftion, or made the
fubjecl of difpute or difference between them.
ARTICLE VI.
Whereas it is alleged by divers Britifh mer-
chants and others his Majefty's fubjecls, that
debts, to a confiderable amount, which were
bona fide contracted before the peace, flill re-
main owing to them by citizens or inhabitants v s to
of the United States, and that by the opera- make com-
tion of various lawful impediments fince the J^bSJ*
peace, not only the full recovery of the creditors,
[ 47° ]
ft>r lofles
occafioned
by legal
impedi-
ments to
the collec-
tion of
debts con-
tracted be-
fore the
peace.
Commif-
lioners to
be appoint-
ed to afcer-
lain the
lame i
faid debts has been delayed, but alfo the va-
lue and fecurity thereof have been, in feveral
inflances, impaired and leflened, fo that by the
ordinary courfe of judicial proceedings, the
Britifti creditors cannot now obtain, and ac-
tually have and receive full and adequate com-
penfation for the lofles and damages which
they have thereby fuflained. It is agreed, that
in all fuch cafes, where full compenfation for
fuch lofles and damages cannot, for whatever
reafon, be actually obtained, had and receiv-
ed by the faid creditors in the ordinary courfe
of juflice, the United States will make full
and complete compenfation for the fame to
the faid creditors : But it is diftincHy under-
ftood, that this provifion is to extend to fuch
lofles only as have been occaiioned by the law-
ful impediments aforefaid, and is not to ex-
tend to lofles occafioned by fuch infolvency
of the debtors, or other caufes as would
equally have operated to produce fuch lofs, if
the faid impediments had not exifted; nor to
fuch lofles or damages as have been occafioned
by the manifeft delay or negligence, or wilful
omiflion of the claimant.
For the purpofe of afcertaining the amount
of any fuch lofles and damages, five commif-
fioners fhall be appointed, and authorized to
meet and aft in manner following, viz. Two
of them fhall be appointed by his Majefty, two
of them by the Prefident of the United States
by and with the advice and confent of the Se-
nate thereof, and the fifth by the unanimous
voice of the other four ; and if they mould
not agree in fuch choice, then the commif-
fioners named by the two parties fhall reflec-
tively propofe one perfon, and of the two
names fo propofed, one fhall be drawn by lot,
[ 47i 1
in the prefence of the four original commff- Comnnt-
fioners. When the five commiffioners thus ap- beapooSi-
pointed mall firit meet, they fhall, before they ed toafeer-
proceed to act, refpeclively take the follow- [J1^'
ing oath, or affirmation, in the prefence of
each other ; which oath, or affirmation, being
fo taken and cfuly attefted, mall be entered on
the record of their proceedings, viz. I, A. B«
one of the commiffioners appointed in purfu-
ance of the fixth article of the treaty of amity,
commerce, and navigation, between his Bri-
tannic Majefly and the United States of Ame-
rica, do folemnly fwear (or affirm) that I will
honeftiy, diligently, impartially, and carefully
examine, and to the bell of my judgment,
according to juflice and equity, decide all
fuch complaints, as under the faid article fhall
be preferred to the faid commiffioners : and
that I will forbear to acl: as a commiffioner, in
any cafe in which I may be personally inter-
efted.
Three of the faid commiffioners fhall con-
ftitute a board, and fhall have power to do ™ •
ol • ■ 1 c • i -m Their po-w,
any act appertaining to the laid commiinon, er&duty:
provided that one of the commiffioners named
on each fide, and the fifth commiffioner mall
be prefent, and all deeihons fhall be made by
the majority of the voices of the commiffion-
ers then prefent. Eighteen months from the
day on which the faid commiffioners fhall form
a board, and be ready to proceed to bufmefs,
are affigned for receiving complaints and ap-
plications ; but they are neverthelefs authori-
zed, in any particular cafes in which it lhall
appear to them to be reafonable and juft, to
extend the faid term of eighteen months, for
any term not exceeding fix months, after the
expiration thereof. The faid commifljoners
£ 472 3
J&pow: mall firft meet at Philadelphia, but they fhalt
duty. have power to adjourn from place to place as
they ihall fee caufe.
The faid commiflioners in examining the
complaints and applications fo preferred to
them, are empowered and required, in purfu-
ance of the true intent and meaning of this ar-
ticle, to take into their confideration all claims,
whether of principal or intereft, or balances
of principal and intereft, and to determine the
fame refpe&ively, according to the merits of
the feveral cafes, due regard being had to all
the circumftances thereof, and as equity and
juftice fhall appear to them to require. And
the faid commiflioners lhall have power to ex-
amine all fuch perfons as mall come before
them, on oath or affirmation, touching the pre-
mifes ; and alfo to receive in evidence, accord-
ing as they may think moft confident with
equity and juftice, all written depofitions, or
books, or papers, or copies, or extracts there-
of j every fuch depofition, book, or paper, or
copy, or extract, being duly authenticated, ei-
ther according to the legal forms now reflec-
tively exifting in the two countries, or in fuch
other manner as the faid commiflioners lhall
fee caufe to require or allow.
The award of the faid commiflioners, or of ]
X'eSfumPay anY tnree of them as aforefaid, ihall in all cafes
awarded, be final and conclufive, both as to the juftice
of the claim, and to the amount of the fum to
be paid to the creditor or claimant : And the
United States undertake to caufe the fum fo:
awarded to be paid in fpecie to fuch creditor
or claimant without deduction ; and at fuch
time or times, and at fuch place or places, as
ihall be awarded by the faid commiflioners "T
and on condition of fuch releafes or aflign-
C 473 ]
teients to be given by the creditor or claimant*
as by the faid commiflioners may be directed :
Provided always, that no fuch payment fliall
be fixed by the faid commiflioners to take
place fooner than twelve months from the day
of the exchange of the ratifications of this
treaty.
ARTICLE VII.
Whereas complaints have been made by Eritifh <*<?-
divers merchants and others, citizens of the vemmc'ut
United States, that during the courfe of the compenfa.
war in which his Majefty is now engaged, they *jon r?
have fuftained considerable loffes and damage, citizens for
by reafori of irregular or illegal captures or ll,esal caP-
condemnations of their veffels and other pro- their veffels
perty, under colour of authority or commif- fjb>^fll
fions from his Majefty, and that from various
circumftances belonging to the faid cafes, ade-
quate compenfation for the loffes and damages
fo fuftained cannot now be actually obtained*
had and received by the ordinary courfe of ju-
dicial proceedings \ it is agreed, that in all fuch
cafes, where adequate compenfation cannot, for
whatever feafon, be now actually obtained,
had and received by the faid merchants and
others, in the ordinary courfe of juftice, full
and complete compenfation for the fame will
be made by the Britifh government to the hid
complainants. But it is distinctly underitood,
that this proviiion is not to extend to fuch
loffes or damages as have been occafioned by
the manifeft delay or negligence, or wilful
omiffion of the claimant.
That for the purpofe of ascertaining the
amount of any fuch ioffes and damages, five
'commiflioners (hall be appointed and autho-
rized to act in London, exactly in the manner
directed with refpect to thole mentioned in
Vol. II. O \
[ 474 ]
Sers'to ^ preceding article, and after having taken
be appoin- the fame oath or affirmation (mutatis mutandis)
rHv/L„ tne fame term of eighteen months is alfo af-
■-ii certain. ^ o
she fame, figned for the reception of claims, and they
are in like manner authorized to extend the
fame in particular cafes. They mail receive
teftimony, books, papers and evidence in the
fame latitude, and exercife the like difcretion
and powers refpecting that fubjecT: ; and Ihall
decide the claims in queftion according to the
merits of the feveral cafes, and to juitice, equi-
ty, and the laws of nations. The award of the
faid commimoners, or any fuch three of them
as aforefaid, mail in all cafes be final and con-
elufive, both as to the juftiee of the claim, and
the amount of the mm to be paid to the clai-
mant ; and his Britannic Majefty undertakes
to caufe the fame to be paid to fuch claimant
in fpecie, without any deduction, at fuch place
or places, and at fuch time or times, as ihall be
awarded by the faid commimoners, and on con-
dition of fuch releafes or alignments to be given
by the claimant, as by the faid commimoners
may be directed.
And whereas certain merchants and others-
his Majefty's fubjetts, complain, that in the
courfe of the war they have fuftained lofs and.
damage j by reafon of the capture of their vef-
fels and merchandize, taken within the limits
andjurifdiclion of the ftates, and brought into
the ports of the fame, or taken by veffels ori-
ginally armed in ports of the faid ftates.
It is agreed that in all fuch cafes where ref-
titutiofi mail not have been made agreeably to
ii. states the tenor of the letter from Mr. jefferfon to
compenfa- "Mr. Hammond, dated at Philadelphia, Sept. 5,
don to Eri- 1793, a coPy of which is annexed to this trea-
i&s, for" ty 5 the complaints of the parties ihall be and
T 475 ]
hereby are referred to the commiffioners to *£"*•";?
be appointed by virtue of this article, who are diaipn or
hereby authorized and required to proceed in b^ ve.nds
the like manner relative to thele as to the other their ports,
cafes committed to them ; and the United
States undertake to pay to the complainants
or claimants in fpecie, without deduction, the
amount of fuch funis as mall be awarded to
them r effectively by the faid commiffioners,
and at the times and places which in fuch
awards (hall be fpecified ; and on condition of
fuch releafes or alignments to be given by the
claimants as in the faid awards may be direc-
ted : And it is further agreed, that not only
the now-exifting cafes of both descriptions,
but alfo all fuch as fhall exift at the time of
exchanging ths. ratifications of this treaty, mall
be confidered as being within the provifions,
intent, and meaning of this article,,
ARTICLE VIII.
It is further agreed, that the commiffioners
mentioned in this and in the two preceding How ex-
articles fhall be refpectively paid in fuch man- ^np2<f&
ner as fhall be agreed between the two parties, vacancy of
fuch agreement being to be fettled at the time Uon«s fim-
ofthe exchange of the ratifications of this trea- plied,
ty. And all other expenfes attending the faid
commiffions fhall be defrayed jointly by the
two parties, the fame being previoufly afcer-
tained and allowed by the majority of the com-
miffioners. And in the cafe of death, ficknefs
or necefTary abfence, the place of every fuch
commiffioner refpectively fhall be fupplied in
the fame manner as fuch commiffioner was
firfl appointed, and the new commiffioners
fhall take the fame oath or affirmation and do
the fame duties.
[ 476 ]
ARTICLE IX.
It is agreed that Britifh fubjects who now
Menage hold lands in the territories of the United
cCTtSi^6^ States, and American citizens who now hold
titles to lands in the dominions of his Majefly, fhall
continue to hold them according to the nature
and tenure of their refpe-ctive eftates and titles
therein ; and may grant, fell, or devife the
fame to whom they pleafe, in like manner as
if they were natives ; and that neither they
nor their heirs or affigns mail, fo far as may
refpect the faid lands and the legal remedies
incident thereto, be regarded as aliens.
ARTICLE X.
Neither the debts due from individuals of
gequeftra. the one nation to individuals of the other, nor
dXts° mares, nor monies which they may have in the .
retrained, public funds, or in the public or private banks,
iliall ever in any event of war or national dif-
ferences be fequefhered or confifcated, it being
unjuft and impolitic that debts and engage-
ments contracted and made by individuals,
having confidence in each other and in then*
refpeclive governments, mould ever be de~
ftroyed or impaired by national authority on
account of national differences and difcontents,
ARTICLE XI,
It is agreed between his Majefty and the
United States of America, that there mall be
a reciprocal and entirely perfect liberty of na-
vigation and commerce between their refpec-
tive people, in the manner, under the limita-
tions and on the conditions fpecified in the fol-
lowing articles :
ARTICLE XII.
His Majefly confents that it fhall and may
be lawful during the time herein-after limited,
for the citizens of the United States to carry.
[ 477 3
f o any of his Majefty's iflands and ports in the Wejwadu
Weft-Indies from the United States, in their rcguLted.
own veffels, not beino- above the burthen of
feventy tons, any goods or merchandizes, being
of the growth, manufacture or produce of the
faid ftates, which it is or may be lawful to car-
ry to the faid iflands or ports from the faid
ftates in Britifh veifels ; and that the faid Ame-
rican veffels fhall be fubjecT. there to no other
or higher tonnage-duties or charges, than fhall
be payable by Britifh veffels in the ports of the
United States ; and that the cargoes of the
faid American veffels fhall be fubje6t there to
no other or higher duties or charges, than fhall
be payable on the like articles if imported there
from the faid ftates in Britifh veffels.
And his Majefty alfo confents, that it fhall
be lawful for the faid American citizens to
purchafe, load, and carry away in their faid
veffels to the United States from the faid
Iflands and ports, all fuch articles, being of the
growth, manufacture or produce of the faid
iflands, as may now by law be carried from
thence to the faid ftates in Britifh veffels, and
fubjecl: only to the fame duties and charges on
exportation, to which Britifh veffels and their
cargoes are or fhall be fubjecl in fimilar cir-
cumftances.
Provided always, that the faid American '
veffels \lo carry and land their cargoes in the
United States only, it being exprefsly agreed
and declared, that during the continuance of
this article, the United States will prohibit and
reftrain the carrying any molaffes, fugar, cof-
fee, cocoa or cotton in American veffels, ei-
ther from his Majefty's iflands, or from the
United States to any part of the world except
the United States, reafonable fea-ftores ex-
[ 478 ]
wejiindia cepted. Provided alfo, that it ftiall and may
peguiatcd. be lawful, during the fame period, for Britifh
veffels to import from the faid iflands into the
United States, and to export from the United
States to the faid iflands, all articles whatever,
being of the growth, produce or manufacture
of the faid iflands, or of the United States re-
flectively, which now may, by the laws of the
faid Hates, be fo imported and exported.
And that the cargoes of the faid Britifh veffels
{hall be fubjecl: to no other or higher duties or
charges, than fhall be payable on the fame ar-
ticles if fo imported or exported in American
veffels.
It is agreed that this article and every mat-
ter and thing therein contained, fhall continue
to be in force during the continuance of the
war in which his Majefty is now engaged; and
alfo for two years from and after the day of
the fignature of the preliminary or other arti-
cles of peace, by which the fame may be ter-
minated.
And it is further agreed, that at the expi-
ration of the faid term, the two contracting
parties will endeavour further to regulate their
commerce in this refpect, according to the fitu-
ation in which his Majefty may then find him-
felf with refpecl to the Weft-Indies, and with
a view to fuch arrangements as may beft con-
duce to the mutual advantage and extenfion of
commerce. And the faid parties will then alfo
renew their difcuffions, and endeavour to agree,
whether in any and what cafes, neutral veffels
•{hall protect enemy's property ; and in what
cafes provifions and other article's, not gene-
rally contraband, may become fuch. But in
the mean time, their conduct towards each
©ther in thefe refpects, frail be regulated by
[ 479 3
the articles herein-after inferted on thofe fub-
jecls.
ARTICLE XIII.
His Majefly confents that the veffels be- EafUndfa.
, • i J • • riTT-io r trade rcgwv
longing to the citizens or the United states or i.ated.
America, fliall be admitted and hofpitably re-
ceived, in all the Tea-ports and harbours of the
Britifh territories in the Eaft-Indies. And that
the citizens of the faid United States, may
freely carry on a trade between the faid ter-
ritories and the faid United States, in all arti-
cles of which the importation or exportation
refpeclively, to or from the faid territories,
. (hall not be entirely prohibited. Provided only,
that it fhall not be lawful for them in any time
of war between the Britifh government and
any other power or flate- whatever, to export
from the laid territories, without the fpecial
permiffion of the Britifh government there,
any military (lores, cr naval (lores, or rice.
The citizens of the United States fhall pay for
their veffels when admitted into the faid ports
no other or higher tonnage-duty than fhall be,
payable on Britifh veffels when admitted into
the ports of the United States. And they fhall
pay no other or higher duties or charges, on
the importation or exportation of the cargoes
of the faid veffels, than fliall be payable on the
fame articles when imported or exported in
Britifh veffels. But it is exprefsly agreed, that
the veffels of the United States fhall not carry
any of the articles exported by them from the
faid Britifh territories, to any port or place,
except to fome port or place in America, where
the fame fhall be unladen, and fuch regulations
fliall be adopted by both parties, as fliall from,
time to time be found neceffary to enforce the
due and faithful obfervance of this ftipulation.
[ 48o ]
It is alfo underftood that the permiffion gran-
tidcriu- te^ ^y ^s article, is not to extend to allow
lateci. ' the veffels of the United States to carry on
any part of the coafling-trade of the faid Bri-
tifh territories ; but veiTels going with their
original cargoes, or part thereof, from one port
of difcharge to another, are not to be consi-
dered as carrying on the coailing-trade. Nei-
trier is this article to be conftrued to allow the
citizens of the faid Hates to fettle or refide
within the faid territories, or to go into the in-
terior parts thereof, without the permilTion of
the Britifh. government eftablifhed there ; and
if any tranfgrefiion mould be attempted againfl
the regulations of the Britifh government in
this refpecl, the obfervance of the fame mail
and may be enforced againfl the citizens of
America in the fame manner as agamft Bri-
tifh fubjecls or others tranfgrelTmg the fame
rule. And the citizens of the United States,
whenever they arrive in any port or harbour
in the faid territories, or if they mould be per-
mitted in manner aforefaid, to go to any other
place therein, mall always be fubject to the
laws, government, and jurifdicrion of what na-
ture eftabliihed in fuch harbour, port or place,
according as the fame may be. The citizens
of the United States may alfo touch for re-
frefhment at the ifland of St. Helena, but fub-
ject in all refpects to fuch regulations as the
Britifh government may from time to time ef-
tablifh there.
ARTICLE XIV.
There fhall be between all the dominions of
his Majefty in Europe and the territories of
the United States, a reciprocal and perfect
liberty of commerce and navigation. The peo-
ple and inhabitants of the two countries re-
[ 48 1 ]
fpectively, fhall have liberty freely and fecure- ^h^y of
ly, and without hindrance and moleflation, to betwen*
come with their mips and cargoes to the lands, the B"t'ft
countries, cities, ports, places and rivers, with- do "imons
in the dominions and territories aforefaid, to aiid the
enter into the fame, to refort there, and to re- eitabHtt!«d.
main and refide there, without any limitation
of time. Alfo to hire and poffefs houfes and
ware-houfes for the purpofes of their com-
merce, and generally the merchants and tra-
ders on each fide, fhall enjoy the mod com-
plete protection and fecurity for their com-
merce ; but fubject always as to what refpects
this article, to the laws andftatutes of the two
countries refpectively.
ARTICLE XV.
It is agreed that no other or higher duties Reguk-
fhall be paid by the fhips or merchandize of j-1"1^'
the one party in the ports of the other, than duties on
fuch as are paid by the like veffels or merchan- fhl?s^nd
t r ii i J • >t n ii i merchan-
dize or all other nations. Nor mail any other dize.
or higher duty be impofed in one country on
the importation of any articles the growth,
produce or manufacture of the other, than
are or fhall be payable on the importation of
the like articles being of the growth, produce,
or manufacture of any other foreign country.
Nor fhall any prohibition be impofed on the
exportation or importation of any articles to
or from the territories of the two parties res-
pectively, which fhall not equally extend to all
other nations.
But the Britifli government referves to itfelf
the right of impofmg on American veffels en-
tering into the Britifli ports in Europe, a ton-
nage duty equal to that which fhall be payable
by Britifli veffels in the ports of America :
And alfo fuch duty as may be adequate to
Vol. IL P 3
C 482 ]
countervail the difference of duty now payable
on the importation of European and Afiatic
goods, when imported into the United States
in Britiih or in American veflels.
The two parties agree to treat for the more
exact equalization of the duties on therefpec-
tive navigation of their fubje&s and people, in
fuch manner as may be molt beneficial to the
two countries. The arrangements for this pur-
pofe mail be made at the fame time, with thofe
mentioned at the conclufion of the twelfth ar-
ticle of this treaty, and are to be confidered as
a part thereof. In the interval it is agreed, that
the United States will not inipofe any new
or additional tonnage duties on Britiih veiTels,
nor increafe the now-fubfilting difference be-
tween the duties payable on the importation
of any articles in Britiih or in American vef-
fels.
ARTICLE XVI.
Confute ft ^a^ ^e free for the two contracting par-
may be ties, refpectively to appoint confuls for the
appointed. protec>;on 0f trade, to refide in the dominions
and territories aforefaid ; and the faid confuls
mail enjoy thole liberties and rights which be-
long to them by reafon of their function. But
before any conful fhall act as fuch, he fhall be
in the ufual forms approved and admitted by
the party to whom he is fent ; and it is hereby
declared to be lawful and proper, that in cafe
of illegal or improper conduct towards the
laws or government, a conful may either be
punifhed according to law, if the laws will
reach the cafe, or be difmii'fed, or even fent
back, the offended government ailignmg to
the other their reafons for the fame.
Either of the parties may except from the
refidence of confuls fuch particular places, as
C 483 ]
fuch party (hall judge proper to be fo excep-
ted.
ARTICLE XVII.
It is agreed, that in all cafes where vefTels How to
(hall be captured or detained on j,uft fufpicion ^fvdef_
of having on board enemy's property, or of feis are
carrying to the enemy any of the articles which jE^tl
are contraband of war ; the faid veflel (hall having ene-"
be brought to the nearer! or mod convenient "£' ^
port ; and if any property of an enemy mould cont'mbaiid
be found on board fuch veffel, that part only §0° 5'
which belongs to the enemy mall be made
prize, and the veifel fhail be at liberty to pro-
ceed with the remainder without any impedi-
ment. And it is agreed, that all proper mea-
fures (hall be taken to prevent delay, in deci-
ding the cafes of mips or cargoes fo brought in
for adjudication ; and in the payment or re-
covery of any indemnification, adjudged or
agreed to be paid to the mailers or owners of
fuch (hips.
ARTICLE XVIII.
In order to regulate what is in future to be
efteemed contraband of war, it is agreed, that S^Jf^
under the faid denomination mail be comprifed be deemed
all arms and implements ferving for the pur- £?»#*"
pofes of war, by land or lea, fuch as cannon,
mufkets, mortars, petards, bombs, grenades,
carcaffes, fauciffes, carriages for cannon, muf-
ket refts, bandoliers, gunpowder, match, falt-
petre, ball, pikes, fwords, head-pieces, cuiraf-
fes, halberts, lances, javelins, horfe-furniture,
holders, belts, and generally all other imple-
ments of war ; as alfo timber for (hip-build-
ing, tar or rozin, copper in meets, fails, hemp,
and cordage, and generally whatever may ferve
directly to the equipment of veifels,unwrought
iron and fir planks only excepted j and all the
C 4^4 ]
Stipulation
refpecting
provifions
becoming
contra-
band.
Regula-
tions
refpedting
veffels
attempting
to enter a
blockaded
port, or
found
therein.
above articles are hereby declared to be jufl
objects of confiscation, whenever they are at-
tempted to be carried to an enemy.
And whereas the difficulty of agreeing on
the precife cafes in which alone provifions and
other articles not generally contraband may be
regarded as fuch, renders it expedient to pro-
vide againft the inconveniences and mifunder-
flandings which might thence arife : It is fur-
ther agreed, that whenever any fuch articles
fo becoming contraband, according to the ex-
ifting laws of nations, mail for that reafon be
feized, the fame mall not be confifcated, but
the owners thereof (hail be fpeedily and com-
pletely indemnified ; and the captors, or in
their default, the government under whofe au-
thority they act, fhall pay to the mailers or
owners of fuch veifels, the full value of all
fuch articles, with a reafonable mercantile pro-
fit thereon, together with the freight, and alfo
the demurrage incident to fuch detention.
And whereas it frequently happens that vef-
fels fail for a port or place belonging to an
enemy, without knowing that the fame is either
befieged, blockaded or inverted ; it is agreed,
that every veffel fo circumftanced, may be turn-
ed away from fuch port or place, but me mail
not be detained, nor her cargo, if not contra-
band, be confifcated, unlefs after notice fhe
fhall again attempt to enter ; but fhe fhall be
permitted to go to any other port or place fhe
may think proper : Nor fhall any veffel or
goods of either party, that may have entered
into fuch port or place, before the fame was
befieged, blockaded, or inverted by the other,
and be found therein after the reduction or
furrender of fuch place, be liable to confifca-
C 485 ]
tion, but fhall be reftored to the owners or
proprietors thereof.
ARTICLE XIX.
And that more abundant care may be taken Privateer,
for the fecurity of the refpective fubje&s and ]£fe,["gu*
citizens of the contracting parties, and to pre-
vent their fuffering injuries by the men of war,
or privateers of either party, all commanders
of mips of war and privateers, and all others
the faid fubjecls and citizens, mail forbear do-
ing any damage to thofe of the other party,
or committing any outrage againfl them, and
if they aft to the contrary, they fhall be punifh-
ed, and fhall alfo be bound in their perfons
and eftates to make fatisfaclion and reparation
for all damages, and the interefl thereof, of
whatever nature the faid damages may be.
For this caufe, all commanders of privateers,
before they receive their commiffions, fhall
hereafter be obliged to give, before a compe-
tent judge, fufficient fecurity by at leafl two
refponfible fureties, who have no interefl in
the faid privateer, each of whom, together with
the faid commander, fhall be jointly and feve-
rally bound in the fum of fifteen hundred
pounds fterling, or if fuch fhips be provided
with above one hundred and fifty feamen or
foldiers, in the fum of three thoufand pounds
fterling, to fatisfy all damages and injuries,
which the faid privateer, or her officers or
men, or any of them may do br commit dur-
ing their cruife, contrary to the tenor of this
treaty, or to the laws and inftrudtions for regu-
lating their conduct ; and further, that in all
cafes of aggreffions, the faid commiffions fhall
be revoked and annulled.
It is alfo agreed that whenever a judge of a
court of admiralty of either of the parties.,
[ , 4"6 ]
fhall pronounce fentence againft any veffel, or
goods' or property belonging to the fubje&s or
citizens of the other party, a formal and duly
authenticated copy of all the proceedings .in
the caufe, and of the faid fentence, fhall, if re-
quired, be delivered to the commander of the
laid veffel, without the fmallefl delay, he pay-
ing all legal fees and demands for the fame.
ARTICLE XX.
pirates not It is further agreed that both the faid con-
IeAed,rand trading parties, {hall not only refufe to receive
goods ta- any pirates into any of their ports, havens, or
thcmito be towns, or permit any of their inhabitants to
rcftored. receive, protect, harbor, conceal or affift them
in any manner, but will bring to condign pu-
niftiment all fuch inhabitants as fhall be guilty
. of fuch'acts or offences.
And all their mips with the goods or mer-
chandizes taken by them and brought into the
port of either of the faid parties, fhall be feized
as far as they can be difcovered, and fhall be
reflored to the owners, or their factors or
agents, duly deputed and authorized in writ-
ing by them (proper evidence being firft given
in the court of admiralty for proving the pro-
perty) even in cafe fuch effects mould have
paffed into other hands by fale, if it be proved
that the buyers knew or had good reafon to
believe, or fufpecl that they had been pirati-
cally taken.
ARTICLE XXI.
It is like wife agreed, that the fubje&s and
citizens of the two nations, fhall not do any
a£ts of hoflility or violence againft each other,
nor accept commiffipns or inftruclions fo to
aft from any foreign prince or flate, enemies
to the other party ; nor fhall the enemies of
[ 487 ]
one of the parties be permitted to invite, or subje<a« or
endeavour to inlift in their military fervice, oS^party
any of the fubjects or citizens of the other ajl11 uot
party ; and the laws againft all fuch offences commiffion
and aggreffions mail be punctually executed. from a f°-
And if any fubject or citizen of the faid par- I; war with
ties refpe&ively, mall accept any foreign com- the othcr-
million, or letters of marque, for arming any
veffel to ac"l as a privateer againfl the other
party, and be taken by the other party, it is
hereby declared to be lawful for the faid par-
ty, to treat and punifh the faid fubject. or citi-
zen, having fuch commiffion or letters of
marque, as a pirate.
ARTICLE XXII.
It is exprefsly ftipulated, that neither of the *J? TeprIra1
r , J r . 7. . till uenwnd
faid contracting parties will order or autho- offatisfac-
rize anv ads of reprifal againft the other, on tl0,n,a?d
complaints or injuries or damages, until the
faid party mail firfl have prefented to the other
a ftatement thereof, verified by competent
proof and evidence, and demanded juftice and
fatisfaftion, and the fame fhall either have
been refufed or unreafonably delayed.
ARTICLE XXIII.
The fhips of war of each of the contracting: <,, . r
parties mail, at all times, be hoipitably receiv- war of each
ed in the ports of the other, their officers and 1°}]^^ ••;
crews paying due refpeft to the laws and go- the pons of
vernment of the country. The officers fhall the other"
be treated with that refpedfc which is due to
the commiffions which they bear, and if any
infult mould be offered to them by any of the
inhabitants, all offenders in this refpect ih;Jl
be punifhed as difhirbers of the peace and ami-
ty between the two countries. And his Maieffy
confents,thatin cafe an American veffel mould,
by ffrefs of weather, danger from enemies or
[ 488 ]
American
veflsls in
cafe of
flrefs of
■weather
may enter
Britifh
ports.
Foreign
privateers
not to arm
in the ports
of either
nation, nor
to fell their
prizes.
other misfortune, be reduced to the necefilty
of feeking fhelter in any of his Majefty's ports,
into which fuch veffel could not in ordinary
cafes claim to be admitted, fhe fhall, on ma-
nifefting that neceflity to the fatisfaction of
the government of the place, be hofpitably re-
ceived and be permitted to refit, and to purchafe
at the market price, fuch neceflaries as fhe may
ftand in need of, conformably to fuch orders
and regulations as the government of the
place, having refpect to the circumftances of
each cafe, fhall prefcribe. She fhall not be al-
lowed to break bulk or unload her cargo,
unlefs the fame fhall be bona fide neceffary to
her being refitted. Nor fhall be permitted to
fell any part of her cargo, unlefs fo much only
as may be neceffary to defray her expenfes,
and then not without the exprefs permimon
of the government of the place. Nor fhall fhe
be obliged to pay any duties whatever, except
only on fuch articles as fhe may be permitted
to fell for the purpofe aforefaid.
ARTICLE XXIV.
It fhall not be lawful for any foreign priva-
teers (not being fubjects or citizens of either
of the faid parties) who have commiflions from
any other prince or fliate in enmity with either
nation, to arm their fhips in the ports of either
of the faid parties, nor to fell what they have
taken, nor in any other manner to exchange
the fame ; nor mail they be allowed to pur-
chafe more provifions, than fhall be neceffary
for their going to the neareft port of that prince
or ftate from whom they obtained their com-
mifTions.
ARTICLE XXV.
It fhall be lawful for the fhips of war and
privateers belonging to the faid parties refpec-
[ 4«9 J
tiveiy, to carry whitherfoever they pleafe, the Reguja.
mips and goods taken from their enemies, with- tlons. ref-
out being obliged to pay any fee to the officers jjizes and
of the admiralty, or to any judges whatever ; captures.
nor mall the faid prizes when they arrive at,
and enter the ports of the faid parties, be de-
tained or feized, neither fhall the fearchers or
other officers of thofe places vifit fuch prizes,
(except for the purpofe of preventing the car-
rying of any part of the cargo thereof on more
in any manner contrary to. the eflablifhed laws
of revenue, navigation or commerce) nor mall
fuch officers take cognizance of the validity of
fuch prizes ; but they fhall be at liberty to
hoift fail, and depart as fpeedily as may be,
and carry their faid prizes to the place men-
tioned in their commimons or patents, which
the commanders of the faid ihips of . war or
privateers (hall be obliged to mew. No fheJter
or refuge fhall be given in their ports to fuch
as have made a prize upon the fubjecls or citi-
zens of either of the faid parties ; but if forced
by flrefs of weather, or the dangers of the lea,
to enter therein, particular care fhall be taken
to haften their departure, and to,caufe them to
retire as foon as poffible-. Nothing in this trea-
ty contained fhall, however, be, conflrued or
operate contrary to former and exifling public
treaties with other fovereigns or ftates. But the
two parties agree, that while they continue in
amity, neither *cjf them will in future make any
treaty that mall be inconfiftent with this or
the preceding article.
Neither of the faid parties fhall permit the
fhips or goods belonging to the fubjects or citi- > '
zens of the other, to be taken within cannon-
fhot of the coafl, nor in any of the bays, ports, 7
or rivers of their territories, by dips of war, or
Vol.11. (^3
rupture.
C 490 ]
©thers having commifiion from any prince, re-
public, or Hate whatever. But in cafe it mould
fo happen, the party whofe territorial rights
mall thus have been violated, mail ufe his ut-
moft endeavours to obtain from the offending
party, full and ample fatisfa&ion for the veffel
or veflels fo taken, whether the fame be veflels
of war or merchant veflels.
ARTICLE XXVI.
Privileges If at any time a rupture mould take place,
jlSlndci- (which God forbid) between his Majefly and
tiaens of the United States, the merchants and others
rending h7 or* eac^ of the two nations, refiding in the do-
the domi- minions of the other, mall have the privilege of
othCTin 1C remaining and continuing their trade, fo long
"If™/,,* as t^ley ^enave peaceably, and commit no of-
fence againfl the laws ; and in cafe their con-
duel mould render them fufpe&ed, and the re-
fpe&ive governments mould think proper to
order them to remove, the term of twelve
months from the publication of the order mail
be allowed them for that purpofe, to remove
with their families, effects and property ; ■ but
this favour mall not be extended to thofe who
mall act contrary to the eftablifhed laws ; and
for greater certainty, it is declared, that fuch
rupture mail not be deemed to exift, while ne-
gociations for accommodating differences fhall
be depending, nor until the refpeclive ambaf-
fadors or minifters, if fuch there mall be, mail
be rec'al|e;d, or fent home on account of fuch
differences, and not on account of perfonal
mifconduct, according to the nature and de-
grees of which, both parties retain their rights,
either to requeft the recal, or immediately to
fend home the ambaffador or minifter of the
other ; and that without prejudice to their
<mutual friendlhip and good underftanding.
t 491 1
ARTICLE XXVII.
It is further agreed, that his Majefty and the criminals
United States, on mutual requisitions, by them to bsdeii.
refpe&ively, or by their refpe&ive minifters or juftke.
officers authorized to make the fame, will de-
liver up to juftice all perfons, who, being char-
ged with murder or forgery, committed with-
in the jurifdiclion of either, mail feek an afy-
lum within any of the countries of the other,
provided that this (hall only be done on fuch
evidence of criminality, as, according to the
laws of the place, where the fugitive or perfon
fo charged fhalibe found, would juftify his ap-
prehension and commitment for trial, if the
offence had there been committed. The ex-
penfe of fuch apprehenfion and delivery mail
be borne and defrayed, by thofe who make the
requifition and receive the fugitive.
ARTICLE XXVIII.
It is_ agreed, that the firft ten articles of this
treaty fhall be. permanent, and that the fubfe-
quent articles, except the twelfth, mall be li-
mited in their duration to twelve years, to be
computed from the day on which the ratifica-
tions of this treaty fhall be exchanged, but
fubject to this condition, That whereas the faid
twelfth article will expire by the limitation
therein contained, at the end of two years from
the figning of the preliminary or other articles
of peace,, which fhall terminate the prefent war
in which his Majefty is engaged, it is agreed,
that proper meafures fhall by concert be taken,
for bringing the fubject of that article into ami-
cable treaty and difcumon, fo early before the
expiration of the faid term, as that new ar-
rangements on that head, may^ by that time,
be perfected, and ready to take place. But if
it mould unfortunately happen, that his Majef-
Limitatian."
C 492 3
ty and the United States, mould not be able to
agree on fuchnew arrangements, in that cafe,
all the articles of this treaty, except the firft
ten, fhall then ceafe and expire together.
, ' Laftly. This treaty, when the fame fhall
tion. ' have been ratified by-his Majefty, and by the
Prefident of the United States, by and with the
advice and confent of their Senate, and the
refpeclive ratifications mutually exchanged,
;lhall be binding and obligatory on his Majef-
ty and on the faid ftates, and mall be by them
refpe&ively executed, and obferved, with punc-
tuality and the mofl fmcere regard to good
faith ; and whereas it will be expedient, in or-
der the better to facilitate intercourfe and ob-
viate difficulties, that other articles be propofed
and added to this treaty, which articles, from
want of time and other circumftances, cannot
now be perfected ; it is agreed that the faid
parties will, from time to time, readily treat
of and concerning fuCh articles, and will fin-
cerely endeavour fo to form them, as that they
may conduce to mutual convenience, and tend
to promote mutual fatisfaclion and friendfhip ;
and that the faid articles, after having been
duly ratified, mail be added to, and make a
part of this treaty. In faith whereof, we, the
underfigned minifters plenipotentiary of his
Majefty the King of Great-Britain, and the
United States of America, have figned this
prefent treaty, and have caufed to be affixed
thereto the feal of our arms.
Done at London, this nineteenth Day of
November, one thoufand /even hundred
and ninety-four.
G RENVILLE, L. S.
JOHN JAY. L. S.
C 493 D
Philadelphia, September 5, 1793.
SIR,
I AM honored with yours of Auguft 30th,
Mine of the 7th of that month affured you
that meafures were taken for excluding from
all further afylum in our ports, veffels armed
in them to cruize on nations with which we
are at peace, and for the reftoration of the
prizes the Lovely Lafs, Prince William Hen-
ry, and the Jane of Dublin ; and that mould
the meafures for reftitution fail in their effect,
the Prefident confidered it as incumbent on
the United States to make compenfation for
the veffels.
We are bound by our treaties with three of
the belligerent nations, by all the means in
our power, to protect and defend their veffels
and effects in our ports, or waters, or on the
feas near our mores, and to recover and reftore
the fame to the right owners when taken from
them. If all the means in our power are ufed,
and fail in their effedt, we are not bound by
our treaties with thofe nations to make com-
penfation.
Though we have no fimilar treaty with
Great-Britain, it was the opinion of the Pre-
fident, that we mould ufe towards that nation
the fame rule, which under this article, was
to govern us with the other nations ; and even
to extend it to captures made on the high
feas, and brought into, our ports : if done by
veffels which had been armed within them.
Having, for particular reafons, forbore to
ufe all the means in our power for the ref-
titution of the three veffels mentioned in my
letter of Auguft 7th, the Prefident thought it
incumbent on the United States to make com-
C 494 1
penfation for them : And though nothing was
laid in that letter of other veffels taken under
like circumflances,and brought in after the 5th
of June, and before the date of that letter,
yet when the fame forbearance had taken
place, it was and is his opinion, that compen-
sation would be equally due.
As to prizes made under the fame circum-
flances, and brought in after the date of that
letter, the Prefide;it determined, tjiat all the
means in our power fhould be ufed for their
reftitution. If thefe fail, as we fhould not be
bound by our treaties to make compenfation
to the other powers in the analegous cafe, he
did not mean to give an opinion that it ought
to be done to Great- Britain. But ftill if any
cafes fhall arife fubfequent to that date, the
circumftances of which mail place them on fi-
milar ground wi'.h thofe before it, the Prefi-
dent would think compenfation equally incum-
bent on the United States.
Inftruclions are given to the governors of
the different ftates, to ufe all the means in their
power for reftoring prizes of this laft descrip-
tion found within their ports. Though they
will of courfe take meafures to be informed of
them, and the general government has given
them the aid of the cuftom-houfe officers for
this purpofe, yet you will be fenfible of the im-
portance of multiplying the channels of their
information as far as fhall depend^ on yourfelf,
or any perfon under your direction, in order
that the governors may ufe the means in their
power for making reftitution.
Without knowledge of the capture they can-
not reflore it. It will always be befl to give the
notice to them directly ; but any information
which you mall be pleafed to fend to me, alio,
C 495 ]
at any time mall be forwarded to them as quick*
iy as diftance will permit.
Hence you will perceive, Sir, that the Pre-
sident contemplates reflitution or compenfa-
tion in the cale before the 7th Auguft: ; and af-
ter that date, restitution if it can be effected by
any means in our power. And that it will be
important that you fhould fubftantiate the fad,
that fuch prizes are in our ports or waters.
Your Jifl of the privateers illicitly armed
in our ports is, I believe, correct.
With reiped to loffes by detention, wafle, .
fpoliation fuflained by veffels taken as before-
mentioned, between the dates of June 5th and
Augufl 7th, it is propofed as a provisional
meafure, that the collector of the cufloms of
the diftrid, and the Britifh conful,or any other
perfon you pleafe, fhati appoint perfons to
eftablifh the value of the veifel and cargo, at
the time of her capture and of her arrival in
the port into which me is brought, according
to their value in that port. If this mall be agree-
able to you, and you will be pleafed to fignify
it to me, with the names of the prizes under-
ftood to be of this defcription, inftrudions
will be given accordingly, to the collector of
the cuftoms where the refpedive veffels are.
/ have the honor to be, &c.
(Signed,) THOMAS JEFFERSON,
George Hammond, Eso^
ADDITIONAL ARTICLE.
It is further agreed between the faid con- 'twelfth;
trading parties, that the operation of fo much tide fuf-
of the twelfth article of the faid treaty as re- pen e
fpeds the trade which his faid Majefiy there-
C 496 ]
by confents may be carried on between the
United States and his iflands in the Weft-
Indies, in the manner and on the terms and
conditions therein fpecifled, fhall be fuf-
pended.
EXPLANATORY ARTICLE.
"WHEREAS by the third article of the
treaty of amity, commerce and navigation,
concluded at London, on the nineteenth day
of November, one thoufand feven hundred
and ninety four, between his Britannic Majefty
and the United States of America, it was
agreed that it mould at all times be free to his
Majefty's fubje&s and to the citizens of the
United States, and alfo to the Indians dwel-
ling on either fide of the boundary line, affign-
ed by the treaty of peace to the United States,
freely to pafs and repafs by land or inland na-
vigation, into the refpe&ive territories and
countries of the two contracting parties, on
the continent of America, (the country within
the limits of the Hudfon's Bay company only
excepted) and to navigate all the lakes, rivers
and waters thereof, and freely to carry on
trade and commerce with each other, fubje£t
to the provifions and limitations contained in
the faid article : And- whereas by the eighth
article of the treaty of peace and friendfhip
concluded at Greenville, on the third day of
Auguft, one thoufand fevenhundred and nine-
ty-five, between the United States and the na-
tions or tribes of Indians, called the Wyan-
dots, Delawares, Shawanoes, Qttawas, Ch'ip-
pewaSjPutawatimies, Miamis, Eel-River, Wee-
as, Kickapoos, Piankafhaws and Kafkafkias, it
was flipulated that no perfou fhould be per-
I 497 ]
mitted to refide at any of the towns or hunt-
ing camps of the faid Indian tribes, as a trader,
who is not furnifhed with a licenfe for that
purpofe, under the authority of the United
States : Which latter flipulation has excited
doubts, whether in its operation it may not
interfere with the due execution of the faid
third article of the treaty of amity, commerce
and navigation : And it being the fincere de-
fire of his Britannic Majefty and of the United
States, that this point ihould be fo explained,
as to remove all doubts, and promote mutual
fatisfaclion and friendship : And for this pur-
pofe, his Britannic Maj efly having named for his
commiffioner, Phineas Bond, Efquire, his Ma-
jelly's Conful General for the middle and
fouthern Hates of America, (and now his Ma-
jefty's Charge d* Affaires to the United States)
and the Prefident of the United States having
named for their commiffioner, Timothy Pick-
ering, Efquire, Secretary of State of the Uni-
ted States, to whom, agreeably to the laws of
the United States, he has intruded this nego-
ciation ; They, the faid commiffioners, having
communicated to each other their full powers,
have, in virtue of the fame, and conformably
to the fpirit of the laft article of the faid treaty
of amity, commerce and navigation, entered
into this explanatory article, and do by thefe
prefents explicitly agree and declare, That no
ftipulations in any treaty fuj}fequently conclu-
ded by either of the contracting parties with
any other flate or nation, or with any Indian,
tribe, can be underftood to derogate in any
manner from the rights of free intercourfe and
commerce, fecured by the aforefaid third ar-
ticle of the treaty of amity, commerce an<c?. na-
vigation, to the fubje&s of his Majefty and to
Vol. II. R j
C 493 ]
the citizens of the United States, and to the
Indians dwelling on either fide of the bounda-
ry line aforefaid ; but that all the faid perfons
fhall remain at full liberty freely to pafs and
repafs by .land or inland navigation, into the
respective territories and countries of the con-
tracting parties, on either fide of the faid
boundary , line, and freely to carry on trade
and commerce with each other, according to
the" ftipulations of the' faid third article of the
treaty of amity, commerce and navigation.
This explanatory article, when the fame
mail have been ratified by his Majefly, and by
the Prefident of the United States, by and
with the advice and confent of their Senate,
and the refpeclive ratifications mutually ex-
changed, fhall be added to, and make a part
of the faid treaty of amity, commerce and na-
vigation, and mall be permanently binding
upon his Majefly and the United States.
In witness whereof, we, the faid Com-
miffioners of his Majefty, the King of
Great-Britain and the United States
of America, have figned this" prefent
explanatory article, and thereto affix-
ed our feals. Done at Philadelphia,
this fourth day of May, in the year of
our Lord one thoufand feven hundred
and ninety-fix.
P. BOND, (l. s.)
TIMOTHY PICKERING, (l. s.)
A Treaty of Peace and Amity
BETWEEN THE
DEY OF ALGIERS
AND THE
UNITED STATES OF AMERICA.
A TREATY OF PEACE AND AMITY
Concluded this prefent day I — ima ariafi, the
twenty -firjl of the, Lunafafer, year of the He-
gira 1 2 1 o, correfponding with Saturday the ;
ffth of September ; one thoufand feven hundred
and ninety-five, between Haffan Bafhaw, Dey
of Algiers, his Divan and Subjects, and
George Waftimgton,- Prefidei2t of the United
States of North- America, and the Citizens of
the f aid United States*
ARTICLE L
T? ROM the date of the prefent treaty, there
1 mall fubfift a firm and fincere peace and peace
amity between the Prefident and citizens e
of the United States of North-America, and.
Haffan Bafhaw, Dey of Algiers, his Divan and
fubjecls ; the veffels and fubjecls of both na-
tions reciprocally treating each other with ci-
vility, honor and refpe£h.
ARTICLE II.
All veffels belonging to the citizens of the commer-
United States of North-America, fhall be per- cial \nt^-
mitted to enter the different ports of the Re- regulated.,
gency, to trade with our fubjecls, or any other
perfons refiding within our jurifdiclion, on
paying the ufual duties at our cuftom-houfe
that is paid by all nations at peace with this
Regency -r obferving that all goods difem-
C 5©<> ]
barked and not fold here fhall be permitted to
be reimbarked without paying any duty what-
ever, either for difembarking or embarking.
All naval and military flores, fuch as gun-
powder, lead, iron, plank, fulphur, timber for
building, tar, pitch, rofm, turpentine, and any
other goods denominated naval and military
flores, fnall be permitted to be fold in this Re-
gency, without paying any duties whatever at
the cuflom-houfe of this Regency.
ARTICLE III.
veffeis of The vefTels of both nations fhall pafs each
each nation other without any impediment or moleftation ;
jnoidied™ and all goods, monies or paffengers, of what-
foever nation, that may be on board of the
vefTels belonging to either party, fhall be con-
fidered as inviolable, and fhall be allowed to
pafs unmolefled.
ARTICLE IV.
All fhips of war belonging to this Regency,
How pair- on meeting with merchant-veffels belonging
vefou* io citizens of the United States, fhall be al-
fhips of lowed to vifit them with two perfons only be-
examined, fide the rowers ; thefe two only permitted to
and to g0 on "board faid veffel, without obtaining ex-
gramcd prefs leave from the commander of faid veffel,
who fhall compare the paffport, and immedi-
ately permit laid veffel to proceed on her
voyage unmolefled. All fhips of war belong-
ing to the United States of North- America, on
meeting with an Algerine cruifer, and fhall
have feen her paffport and certificate from the
Conful of the United States of North Ameri-
ca, refident in this Regency, fhall be permit-
ted to proceed on her cruife unmolefled : no
paffport to be iffued to any fhips but fuch as
are abfolutely the property of citizens of the
United States ; and eighteen m©irths fhall be
[ 5°' ]
the term allowed for furnifhing the mips of
the United States with paffports.'
ARTICLE V.
No commander of any cruifer belonging to
this regency, mail be allowed to take any per- rjne cmffer
fon, of whatever nation or denomination, out may tak«!
of any veiTel belonging to the United States ouLf " *
of North- America, in order to examine them, vefleiof the
or under pretence of making them confefs any
thing defired ; neither mall they inflict any
corporal punifhment, or any way elfe moleit
them.
ARTICLE VI.
If any veffel belonging to the United States Ve(rel5 of
of North- America, mall be (branded on the u. states '
coaft of this Regency, they mall receive every {Jj^^J
poffible affiftance from the fubje&s ©f this Re-
gency : all goods faved from the wreck fhall
be permitted to be reimbarked on board of
any other veffel, without paying any duties at
the cuftom houfe.
ARTICLE VII.
The Algerines are not, on any pretence Aigerines
whatever, to give or fell any veffel of war to ^jj.™ ^l
any nation at war with the United States of war to the
North- America, or any veffel capable of crui- ™ e staies°*
fmg to the detriment of the commerce of the
United States.
ARTICLE VIII.
Any citizen of the United States of North-
America, having bought any prize condemned Wjte" ^jjp
by the Algerines, fhall not be again captured necefiary.j
by the cruifers of the regency then at fea, al-
though they have not a paffport ; a certificate
from the conful refident being deemed fuffi-
cient, until fuch time they can procure fuch
paffport.
[ 5°* ]
ARTICLE IX.
ether Bar- If any of the Barbary dates at war with the
neFtobe" United States of North- America, mall capture
allowed to ariy American veffel and bring her into any of
ia Aig'us. the ports of this Regency, they fhall not be
permitted to fell her, but mail depart the port
on procuring the requifjrte fupplies of provi-
fion.
ARTICLE X.
u. s may . Any veffel belonging to the United States
•JJo fh"zcs of North- Am erica, when at war with any
poets ofthe other nation, mall be permitted to fend their
R«gency. prjzes mto t]le -gGr'C5 0f the Regency, have
leave to difpofe of them, without paying any
duties on fale thereof. Ail veifels wanting
provifions or refrefhments, mall be permitted
to buy them at market price.
ARTICLE XL
How fliips All mips of war belonging to the United
of war of
u. s. fhaii States of North- America, on anchoring in the
be treated ports of the Regency, fnall receive the ufual
eftheP°r S prefents of provifions and refrefhments, gratis.
Regency. Should any of the Haves of this regency make
their efcape on board faid vefTels, they fhall
be immediately returned : No excufe mall be
made that they have hid themfelves amongfl
the people and cannot be found, or any other
equivocation.
ARTICLE XII.
SaUbeaVeS N° citIzen of the United States of North-
redeemed, America, fhall be obliged to redeem any flave
Scored1 agamft ^s w^^ even Should he be his brother :
perfons neither fhall the owner of a Have be forced to
lawful ^ n*m aga*nft his will : but all fuch agree-
prize. ments muff be made by cohfent of parties.
Should any American citizen be taken onboard
an enemy-fhip, by the cruifers of this Regen-
cy, having a regular paffport, fpecifying they
[ 5°3 3
are citizens of the United States, they mall be
immediately fet at liberty. On the contrary,
they having no paflport, they and their pro-
perty fhall be confidered lawful prize ; as this
Regency know their friends by their paifports.
ARTICLE XIII.
Should any of the citizens of the United How the
States of North-America, die within the li- ch£n3°lf
mits of this Regency, the Dey and his fubjects y- s. dying
fhall not interfere with the property of the de- «J^*E2
ceafed ;' but it fhall be under the immediate be fettled.
direction of the conful : unlefs otherwife difpo-
fed of by will. Should there be no conful, the
effects fliall be depofited in the hands of fbme
perfon worthy of truft, until the party fliall
appear who has a right to demand them j when
they fhall render an account of the property.
Neither fhall the Dey or Divan give hindrance
in the execution of any will that may appear.
ARTICLE XIV.
No citizen of the United States of North- JJ°IJis?to!
America,"fhall be obliged to purchafe any goods be co'mpeii-
againft his 'will ; but, on the contrary, fliall be ed *° Pur:
allowed to purchafe whatever it pleafeth him. or pay
The conful of theUnited States of North- Ame- debtf of
, . . «i 11 i another,
nca, or any other citizen, ihall not be amena-
ble for debts contracted by any one of their
own nation ; unlefs previoufly they have given
a written obligation fo to do. Should the Dey
want to- freight any American vefTel that may
be in the Regency, or Turkey, faid vefTel not
being engaged, in confequence of the friend-
fhip fubfifling between the two nations, he ex- '
pects to have the preference given him, on his
paying the fame freight offered by any other
naticm.
ARTICLE XV.
Any difputes or fuits at law, that may take
C 5©4 ]
How crimes
ihall be
punifhed.
St«dfliaU P^ace between the fubject.s of the Regency and
be fettled, the citizens of the United States of North- Ame-
rica, fhall be decided by the Dey in perfon,
and no other. Any difputes that may arife be-
tween the citizens of the United States, mail
be decided by the conful ; as they are in fuch
cafes not fubjecl: to the laws of this Regency.
ARTICLE XVI.
Should any citizen of the United States of
North- America, kill, wound, or ftrike a fub-
jecl: of this Regency, he mall be punifhed in
the fame manner as a Turk, and not with more
fe verity. Should any citizen of the United
States of North- America, in the above predi-
cament, efcape prifon, the conful mall not be-
come anfwerable for him.
ARTICLE XVII.
The conful of the United States of North-
America, lhall have every perfonal fecurity
given him and his houfhold : he lhall have li-
berty to exercife his religion in his own hcufe :
all Haves of the fame religion, mail not be im-
peded in going to faid conmTs houfe, at hours
of prayer. The conful fliall have liberty and
perfonal fecurity given him to travel whenever
he pleafes, within the Regency : he fhall have
free licenfe to go on board any veffel lying in
our roads, whenever he fhall think fit. The
conial fhall have leave to appoint his own dro-
gaman and broker.
ARTICLE XVIII.
Should a war break out between the two
nations, the conful of the United States of
North-America, and all citizens of faid flates,
fhall have leave to embark themfelves and
property unmolefied, on board of what veffel
or veffels they fhall think proper.
Privileges
of the c©n-
ful ot the
U. States.
In cafe of
war, citi-
zens of
U. S. may
embark uri'
molefted.
[ 50 s ]
ARTICLE XIX.
" Should the cruifers of Algiers capture any citizens of
yeflel, having citizens of the United States of '^"^
North- America on board, they having papers tured by
to prove they are really fo, they and their pro- Sb"^^
perty mail be immediately difcharged. And liberty.
mould the veflels of the United States capture
any veffels of nations at war with them, having
fubjefts of this Regency on board, they fhall
be treated in like manner.
ARTICLE XX.
On a venel of war belonging to the United vefleb of
States of North- America anchoring in our ^uted.U
ports, the Conful is to inform the Dey of her
arrival ; and |(he mail be faluted with twenty-
one guns * which fhe is to return in the fame
quantity or number. And the Dey will fend
frefh provifions on board, as is cuflomary?
gratis .
ARTICLE XXI.
The Conful of the United States of North- confui not
America fhall not be required to pay duty for '" pay du"
any thing he brings from a foreign country for
the ufe of his houfe and family.
ARTICLE XXIL
Should any difturbance take place between ™" n,ot *°
the citizens of the United States and the fub- in cafe of
je&s of this Regency, or break any article of tbrrgaatch of
this treaty* war fhall not be declared immedi-
ately ; but every thing fhall be fearched into
regularly r the party injured fhall be made re-
paration.
On the 2 1 ft of the Luna of Safer, 1 2 1 o, Sum t0 be
correfponding with the 5th September, 1795, paidtotKc
Jofeph Donaldfonj jun* on the part of the Uni- Dey*
ted States of North- America, agreed with Haf-
fan Bafhaw, Dey of Algiers, to keep the arti-
cles contained in this treaty facred and invio-
Vol. II. S 3
t 506 1
labia ; which we the Dey and Divan promife
to obferve? on confideration of the United States
paying annually the value of twelve thoufand
Algerine fequins in maritime (lores. Should
the United States forward a larger quantity,
the overplus fhall be paid for in money, by the
Dey and Regency. Any vefiel that may be
captured from the date of this treaty of peace
and amity, mall immediately be delivered up
on her arrival in Algiers.
Signed, r**S^*~\
VIZIR HASSAN BASHAW, f ^ti^T
X the foot of th<?
JOSEPH DONALDSON, jun. £ 0T^tS^y
To all to whom thefe Prefents Jhall come, or be
made known :
WHEREAS the under-written David Hum-
phreys, hath been duly appointed Commiffion-
er Plenipotentiary, by letters patent under the
fignature of the Prefident, and feal of the Uni-
ted States of America, dated the 30th of March
1795, for negociating and concluding a treaty
of peace with the Dey and Governors of Al-
giers ; whereas by inftruclions given to him
on the part of the Executive, dated the 28th
of March and 4th of April, 1795, he hath been
further authorized to employ Jofeph Donald-
fon, junior, on an agency in the faid bufinefs ;
whereas, by a writing under his hand and fea!,
dated 21ft May, 1795, he did conftitute and
appoint Jofeph Donaldfon, junior, agent in tha
bufinefs aforefaid ; and the faid Jofeph Do-
naldfon, jun. did, on the 5th of September,
1795, agree with Haflaa Baihaw, Dey of At-
[ 5°7 ]
.giers, to keep the articles of the preceding
treaty facred and inviolable :
Now know ye, That I, David Humphreys,
Commiflioner Plenipotentiary aforefaid, do ap-
prove and conclude the faid treaty, and every
article and claufe therein contained ; referving
the fame neverthelefs for the final ratification
of the Prefident of the United States of Ame-
rica, by and with the advice and confent of the
Senate of the faid United States,
In Testimony whereof, I' have figned the
fame with my Hand and Seal, at the
{Seal) City of Lifbon, this 2$fh of November?
I795-
DAVID HUMPHREYS,
TREATY
O F
Friendjhipy Limits and Navigation,
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
King of Spain.
"-IS Catholic Majefty and the UnitedStates
of America, defiring to consolidate, on
a permanent bans, the friendfhip and good
correfpondence, which happily prevails be-
tween the two parties, have determined to '
eftablifh, by a convention, feve-ral points, the
fettlement whereof will be productive of gene-
ral advantage and reciprocal utility to both
nations.
With this intention, his Catholic Majefly
lias appointed the moil excellent Lord, don
Manuel de Godoy, and Alvarez de Faria,
Rios, Sanchez, Zarzofa, Prince de la Paz,
duke de la Alcudia, lord of the Soto de Ro-
ma, and of the ftate of Albala, Grandee of
Spain of the flrft clafs, perpetual regidor of
the city of Santiago, knight of the illuftrious
order of the Golden Fleece, and Great Crofs
of the Royal and diftinguilhed Spanifh order
of Charles the Hid. commander of Valencia,
'del Ventofo, Rivera, and Acenchal in that of
Santiago ; Knight and Great Crofs of the
religious order of St. John ; Counfellor of
Hate ; firfl Secretary of ftate and defpacho;
Secretary to the Queen; Superintendant Ge-
neral of the pofts and highways $ Protestor
y:.1. ■■"""'''■*■ '' -' "— — ■ — — — — ' ' i ', . - . ,,, ...,^
TRATADO
DE
Amijlad^ Li?niies, y Navigation
ENTRE LOS
ESTADOS UNIDOS DE AMERICA,
Y EL
Rey de Efpana.
^SEANDO S.M. CatoIica^yiosEftados
Unidos de America confolidar de un mo.
do permanente la buena correfpondencia y
amiftad que fclizmente reyna entre ambas par-
tes, han refuelto fixar por medio de un conr
venio varios puntos, de cuyo arreglo refultara
un beneficio general, y una utilidad reciproca
a los dos paife*s.
Con efta mira han nombrado S. M. Cato-
lica al Excelenti'fimo Sor Dn- Manuel de Go-
doy, y Alvarez de Faria, Rios, Sanchez, Zar-
rofa, Principe de la Paz, Duque de la Alcu-
dia, Senor del Soto de Roma, y del Eftado
de Abala, .Grande de Efpana de primera clafe,
R.egidcr perpetuo de la ciudad de Santiago,
Caballero de la infigne orden del toyfon de
Oro, Gran Cruz de la R1- y diftinguida Efpa?
nbla de Carlos III. Comendador de Valencia,
del Ventofo, Rivera, y Acenchal en la de San-
tiago, Caballero Gran Cruz de la Religion
de Sn- Juan, Confejero de Eftado, primera
Secretario de Eftado y del Defpacho, Secreta-
rio de la Reyna Nuefttra, Sra Superintendente
General de Correos y Caminos, Protector de
la R1- Acidemia de las nobles artes, y de loi
Peace ef-
[ 510 J
of the royal Academy of the noble arts, and
of the royaJ focieties of natural hiftory, bota-
ny, chemiftry, and aftronomy ; Gentleman of
the King's chamber in employment ; Captain
General of his armies ; Infpector and Major
of the royal corps of body guards, &c.&c. &c.
aaeC the Frefident of the United States, with
the advice and confent of their Senate, has
appointed Thomas Finckney, a Gitizen of the
United States, and their Envoy Extraordina-
ry to his Catholic Majefty. And the faid Ple-
nipotentiaries have* agreed upon and conclu^-
ded the. following articles-:
ARTICXE I.
There mall be a firm and inviolable peace
^m^d. and fincere friendfnip between his Catholic
Majefty, his fucceffors and fubje&s, and the
United States,, and their citizens, .without ex-
ception of perfons or places,
ARTICLE II.
Southern To prevent all difputes on the fubjecl of
SnceiS. t^le boundaries wrhich feparate the territories
jiflxed. of the two high contracting parties, it is here-
by declared and agreed' as follows, to wit,
The fouthern boundary: of the' United States,
which divides'their territory from the Spanifh
colonies of Eaft and Well Florida, fiiall be
defignated by a line beginning on the river
3$Gffifippi, at the northernmoft part of the thir-
ty-nrft degree of latitude^riof th" of the equator,
which from thence mall be drawn due eaff to
the middle of the river Apalachicola, or Cata-
Houche,- thence along the middle thereof to its
junction with: the Flint": thence flrait to the
head of St. Mary's river, and thence down
the middle thereof to the Atlantic ocean. And
it is agreed, that if there fhould be any troops,
garrifons, or fettlements ef either party, in the
C 5" 3
RIes- Gabinete de Hiftoria Natural, Jardm Btf-
tanico, y Obfervatorio Aftronomico; Gentil-
hombre de de Camara con exercicio ; Capi-
tan General de los Ries- Exercitos ; InfpeSor
y Sargento Mayor del R1- Cuerpo de Guardia$
de Corps, &c. &c. &c. y e! Prefidente de loe
Eftados Unidos, con confentfmiento y apro-
bacion del Senado, a Don Tomas Pinckney,
ciudadano de los mifmos Eftados, y fu Enviado
Extraordinario cerca de S. M. Catolica, y amw
bos Plenipotenciarios han ajuftado y firmad'd
los articulos figuientes :
ARTICULO I.
Habra una Paz folida 6 inviolable, y una
amiftad fincera entre S. M. Catolica fus fuc-
cefores y fubditos, y los Eftados Unidos y fus
Ciudadanos fin excepcion de perfonas, 6 lu-
gares-
ARTICULO II.
Para evitar toda difputa en punto a los Ij-
mites que feparan los territorios de las dos altas
partes contratantes, fe han convenido, y de-
clarado en el prefente articulo lo figuiente, £
faber. Que el limite meridional de los Eftados
Unidos, que fepara fu territorio de el de las co-
lonias Efpanolas de la Florida Occidental y de la
Florida Oriental, fe demarcara por una linea
que empieze en d Rio Mififipi, en la parte
mas feptentrional del grado treinta y uno al
norte del Equador, y que defde alii figa en
derechura al Efte, hafta el medio del Rio Apa-
lichola 6 Catahouchi, defde alii por la mitad
de efte Rio hafta fu union eon el Flint: de
alii en derechura hafta el nacimiento del
Rio Sta. Maria ; y de alii baxando por el me-
dio de efte Rio hafta el oceano Atlantico.
Yfe han convenido las dos potencias en que ii
C 5»* ]
territory of the other, according to the above-
mentioned boundaries, they mall be with-
drawn from the faid territory within the term
of fix months after the ratification of this trea-
ty, or fooner if it be poffible ; and that they
mail be permitted to take with them all the
goods and efFects which they pofFefs.
, ARTICLE III.
In order to carry the preceding article intd
Commif- effect, one commiffioner and one furveyor mail
fioners to be appointed by each of the contracting par-
boundary ties, who mail meet at the Natchez, on the
line- left fide of the river Miffifippi, before the ex-
piration of fix months from the ratification of
this convention, and they mall proceed to run
and mark this boundary according to the fti-
pulations of the faid article. They mall make
plats and keep journals of their proceedings,
which mall be confidered as part of this con-
vention, and fhall have the fame force as if
they were inferted therein. And if on any ac-
count it mould be found necelfarv that the faid
commiffioners and furveyors mould be accom-
panied by guards, they mall be furnifhed in
equal proportions by the commanding officer
of his Majefty's troops in the two Floridas,
and the commanding officer of the troops of
the United States in their fouthweflern terri-
tory, who fhall aft by common confent, and
amicably, as well with refpecl to this point as
to the furnifhing of provifions arid infiruments,
and making every other arrangement which
may be neceffary or ufeful for the execution
of this article.
ARTICLE IV,
It is likewife agreed that the weftern bounT
clary of the United States which feparates them
[ 5*3 ]
hubiefe tropa, guarniciones, 6 eftablecimientos
de la una de las dos partes en el territorio de
la otra, fegun los limites que fe acaban de
mencionar, fe retiraran de dicho territorio en
el termino de feis mefes defpues de la ratifica-
cion de efte trutado, 6 antes fi fuefe pofible,
y que fe les permitira llevar configo todos los
bienes y efeftos que pofean.
ARTICULO III.
Para la execution del articulo antecedente
fe nombraran por cada una de las dos altas
partes contratantes un comifario y un geome-
tra que fe juntaran en natchez en la orilla
izquierda del Mififipi, antes de expirar el ter-
mino de feis mefes defpues de la ratificacion
de la convencion prefente ; y procederan a la
demarcacion de eftos limites conforme a lo
eftipulado en el articulo anterior. Levantaran
pianos, y formaran Diarios defus operaciones,
que fe reputaran como parte de efte Tratado,
y tendran la mifma fuerza que fi eftubieran
infertas en el. Y fi por qualquier motivo fe
creyefe necefario que los dichos Comifarios y
Geometras fuefen acompanados con guardias,
fe les daran en numero igual por el general
que mande las tropas de S. M. en las dos Flo-
ridas, y el Comandante de las tropas de los
Eftados Unidos en fu territorio del Sudoefte,
que obraran de acuerdo y amiftofamente, aft
en efte punto como en el de apronto de vi-
veres e inftrumentos, y en tomar qualesquiera
otras difpoficiones necefarias para la execucion
de efte articulo.
ARTICULO IV.
Se han convenido igualmente que el limite
Occidental del territorio de los Eftados Unidos
Vol. II. T %
C 5H ]
Miaiiippi from the Spanifh colony of Louifliana, is in the
weftem0 middle of the channel or bed of the river
boundary, Miffifippi, from the northern boundary of the
Winn"3 **"* ^ates t0 tne completion of the thirty- firfl
thereof fe- degree of latitude north of the equator. And
cured, j^ Catholic Majeftv has likewife agreed that
the navigation of the faid river, in its whole
breadth from its fource to the ocean, {hall be
free only to his fubje&s and the citizens of the
United States, unlefs he mould extend this
privilege to the fubje&s of other powers by
fpecial convention.
ARTICLE V.
The two high contra&ing parties mall, by
nation fhaii all the means in their power, maintain peace
c°-nt a\ anc^ narmony among the feveral Indian nations
ans in their who inhabit the country adjacent to the lines
refpediive anci rivers, which, by the preceding; articles,
territories*
form the boundaries of the two Floridas. And
the better to obtain this effect, both parties
oblige themfelves exprefsly to reftrain by force
all hoftilities on the part of the Indian nations
living within their boundary : fo that Spain
will not fuffer her Indians to attack the citi-
zens of the United States, nor the Indians in-
habiting their territory ; nor will the United
States permit thefe laft-mentioned Indians to
commence hoftilities againft the fubjects of his
Catholic Majefty or his Indians, in any man-
ner whatever.
And whereas feveral treaties of friendfhip
exift between the two contracting parties and
the faid nations of Indians, it is hereby agreed
that in future no treaty of alliance or other
whatever (except treaties of peace) fhall be
made by either party with the Indians living
within the boundary of the other, but both
parties will endeavour to make the advantages
[ 5*5 *3
»
que los fepara de la Colonia Efpanola de la
Luifiana efta en medio del canal 6 madre del
Rio Mififipi defde el limite feptentrional de
dichos Eltados hafla el complemento de los
treinta y un grados de latitud al Norte del
Equador ; y S. M. Catolica ha convenido
igualmente en que la navegacion de dicho Rio
en todo fu extenfion defde fu origen hafla el
oceano, fera libre folo a fus fubditos y a los
ciudadanos de los Eftados Unidos, a menos
que par algun tratado particular haga exten-
fiva efta libertad a fubditos de ftras potencias.
ARTICULO V.
Las dos altas partes contratantes procura-
ran por todos los medios pofibles mantener la
paz, y buena armonia entre las diverfus na-
ciones de Indios que habitan los terrenos ad-
yacentes a las lineas y rios que en los articulos
anteriores forman los limites de las dos Flori-
das ; y para confeguir mejor efte fin fe obligan
exprefamente ambas potencias a reprimir con
la fuezza todo genero de hoflilidades de parte
de las naciones Indias que habitan dentro de
la linea de fus refpectivos limites : de modo
que ni la Efpana permitira que fus Indios
ataquen a los que vivan en el territorio de los
Eftados Unidos 6 a fus cindadanos, ni los
Eftados que los fuyos hoftilicen a los fubditos
de S. M. Catolica 6 a fus Indios de manera al-
guna.
Exiftiendo varios tratados de amiftad entre
las exprefadas naciones y las dos potencias, fe
han convenido en no hacer en lo venidero ali-
anza alguna 6 tratado (excepto los de paz)
con las Naciones de Indios que habitan den-
tro de los limites de la otra parte, aunque
procuraran hacer comun fu comercio en bene-
ficio amplio de los fubditos y ciudadanos re-
C 516 ]
of the Indian trade common and mutually be-
neficial to their refpective fubjects and citizens,
obferving in all things the mod complete re-
ciprocity, fo that both parties may obtain the
advantages arifing from a good underftanding
with the faid nations, without being fubject to
the expenfe which they have hitherto occa-
fioned.
ARTICLE VI.
Each party fhall endeavour, by all means in
Eachaition their power, to protect and defend all vefTels
to prote<a and other effects belonging to the citizens or
of the other fubjects of the other, which fhall be within
in their ju the extent of their jurifdiction by fea or by
land, and fhall ufe all their efforts to recover
and caufe to be reflored to the right owners,
their vefTels and effects which may have been
taken from them within the extent of their
faid jurifdiction, whether they are at war or
not with the power whofe fubjects have taken
pofleflion of the faid effects.
ARTICLE VII.
And it is agreed that the fubjects or citi-
No embar- r , °r , 0 . J . .
go allowed, zejis or each or the contracting parties, their
vefTels or effects, fhall not be liable to any em-
bargo or detention on the part of the other,
for any military expedition or other public or
private purpofe whatever : And in all cafes of
in cafes of feizure, detention, or arreft for debts con-
£btsor°r ttacted, or offences committed by any citizen
crimes how or fubject of the one party within the jurifdic-
to proceed, ^ Q£ the ^j^ ^ fame ^ h& ma(k and
profecuted by order and authority of law only,
and according to the regular courfe of pro-
ceedings ufual in fuch cafes. The citizens and
fubject s of both parties fhall be allowed to em-
ploy fuch advocates, folicitors, notaries, agents
and factors, as they may judge proper, in all
C 5*7 1
fpc&ivos, guardandofe en todo la reciprocidad
mas completa, de fuerte que fin los difpendios
que han caufado hafta ahora dichas naciones
a. las dos partes contratantes, configan ambas
todas las ventajas que debe producir la armo
nia con ellas.
ARTICULO VI.
Cada una de las dos partes contratantes pro-
curara por todos los medios pofibles, proteger
y defender todos los buques y qualesquiera
otros efeftos pertenecientes a los fubditos y
cindadanos de la otra que fe hallen en la ex-
tenfion defu jurifdicion por mar 6 por tierra,
y empleara todos fus esfuerzos para recobrar
y hacer reftituir a los proprietarios legitimos
los buques y efe&os que fe les hayan quitado
en la exteniion de dicha jurifdiccion eften 6 no
en guerra con la potencia cuyos fubditos ha-
yan interceptado dichos efettos.
ARTICULO VII.
Se ha convenido que los/ubditos y ciudada-
nos de una de las partes contratantes, fus
buques, 6 efe£tos no podran fujetarfe a nin-
gun embargo 6 detencion de parte de la otra
a caufa de alguna expedicion militar, ufo pu-
blico 6 particular de qualquiera que fea. Y en
los cafos de aprehenfion detencion 6 arrefto,
bien fea por deudas contrahidas a ofenfas co-
metidas por algun cindadano 6 fubdito de una
de las partes contratantes en la jurifdicion de
la otra, fe procedera unicamente por orden y
autoridad de la jufticia, y fegun los tramites
ordinarios feguidos en femejantes cafos. Se
permitira a los ciudadanos y fubditos de am-
bas partes emplear los abogados, procuradores,
notarios, agentes 6 fa&ores que juzguen mas
VeiTels
forced into
C 518 ]
their affairs, and in all their trials at law, in
which they may be concerned, before the tri-
bunals of the other party ; and fuch agents
mall have free accefs to be prefent at the pro-
ceedings in fuch caufes, and at the taking of all
examinations and evidence which may be ex-
hibited in the faid trials.
ARTICLE VIII.
In cafe the fubje&s and inhabitants of either
party, with their fhipping, whether public and
j. >rt by of war, or private and of merchants, be forced,
vcMiier to tnrougn ftrefs of weather, purfuit of pirates or
v»e relieved, enemies, or any other urgent neceffity,for feek-
ing of fhelter and harbour, to retreat and enter
into any of the rivers, bays, roads or ports be-
longing to the other party, they mail be re-
ceived and treated with all humanity, and en-
joy all favor, protection and help, and they
mail be permitted to refrefh and provide them-
felves, at reafonable rates, with vi&uals and
all things needful for the fuftenance of their
perfons, or reparation of their mips and pro-
fecution of their voyage ; and they mall no
ways be hindered from returning out of the
faid ports or roads, but may remove and de-
part when and whither they pleafe, without
any let or hindrance.
ARTICLE IX.
All mips and merchandize, of what nature
property foever which fhall be refcued out of the hands
taken from ' 1 1 • 1 r
pirates to or any pirates or robbers on the nigh leas,
be reftored. fj^u ^e DroUght into fome port of either ftate,
and mail be delivered to the cuftody of the
officers of that port, in order to be taken care
of, and reftored entire to the true proprietor,
as foon as due and fufficient proof mail be
made concerning the property thereof.
[ 5»9 ]
a propofito en todos fus afuntos y en todos los
pleytos que podran tener en los tribunales de
la otra parte, a los quales fe permitira igual-
mente el tener libre accefo en las caufas, y
eftar prefentes a todo examen y teftimonios
que podran ocurrir en los pleytos.
ARTICULO VIII.
Quando los fubditos y habitantes de la una
de las dos partes contratantes con fus buques,
bien fean publicos 6 de guerra, bien particu-
lares 6 mercantiles fe vielen obligados por una
tempeftad, por efcapar de piratas 6 de ene-
migos, 6 por qualquiera otra necefidad ur-
gente a. bufcar refugio y abrigo en alguno de
los rios, bahias, radas, 6 puertos de una de
las dos partes, feran recibidos y tratados eon
humanidad, y gozaran de todo fabor, protec-
cion, y focorro, y les fera licito proveerfe de
refrefcos, viveres, y demas cofas necefarias
para fu fuftento, para componer fus buques, y
continuar fu viage, todo mediante un precio
equitativo ; y no fe les detendra 6 impedira
de modo alguno el falir de dichos puertos 6
radas, antes bien podran retirarfe y partir co-
mo y quando les pareciere fin ningun obftacu-
lo 6 impedimento.
ARTICULO IX.
Todos los buques y mercaderias de qual-
quiera naturaleza que fean, que fe hubiefen
quitado a algunos piratas en alta mar y fe tra-
xefen a algun puerto de una de las dos poten-
cias, fe entregaran alii a los oficiales 6 emplea-
dos en dicho puerto a fin de que los guarden
y reftituyan integramente a fu verdadero pro-
prietario luego que hiciefe conflar debida y
plenamente que era fu legitima propiedad.
[ 52° ]
ARTICLE X.
When any veffel of either party fliall be
Vefivis wrecked, foundered, or otherwife damaged, on
fouCnderedr tne coafts or within the dominion of the other,
to be re- their refpective fubjects or citizens . fhall re-
ceive, as well for themfelves as for their vef-
fels and effects, the fame affiftance which
would be due to the inhabitants of the country
where the damage happens, and fhall pay the
fame charges and dues only as the faid inha-
bitants would be fubject. to pay in a like cafe:
And if the operations of repair would require
that the whole or any part of the cargo be un-
laden, they fhall pay no duties, charges or fees
on the part which they mail relade and carry
away.
ARTICLE XI.
The citizens and fubjedts of each party fhall
©fthTef-1 ^ave Power to difpofe of their perfonal goods,
tatcs of dc- within the jurifdi&ion of the other, by tefta-
i£»ed per ment> donation or otherwife, and their repre-
fentatives being fubjects or citizens of the other
party, fhall fucceed to their faid perfonal goods,
whether by teflament or ab inteftato, and they
may take pofTeffion thereof, either by them-
felves or others acting for them, and difpofe of
the fame at their will, paying fuch dues only
as the inhabitants of the country wherein the
faid goods are, fhall be fubject to pay in like
cafes.
And in cafe of the abfence of the reprefen-
tative,fuch care fhall be taken of the faid goods,
as would be taken of the goods of a native in
like cafe, until the lawful owner may take mea-
fures for receiving them. And if queftions
fhall arife among feveral claimants to which
of them the faid goods belong, the fame fhall
t 5** ]
ARTICULO X.
Ea el cafo de que un buque perteneciente"
a una de las dos partes comratantes naufru-
gafe, varafe, 6 fufriefe alguna averia en las
coftas 6 en los dominios de la otra, fe focor-
ra a los subditos 6 ciudadanos refpectivos;
asi a fus perfonas como a. fus buques y efeftos,
del mifmo modo que fe haria con los habitantes
del pais donde fuceda la defgracia, y pagaran
folo las mifmas eargas y derechos que fe hu-
bieran exigido de diehos habitantes en feme-
jante cafo. Y fi fuefe necefario para componer
el buque que fe defcargue el cafgamento en
todo 6 en parte, no pagaran impuefto alguno*
carga, 6 derecho de lo que fe vuelva a embar-
car para fer exportado.
ARTICULO XL
Los ciudadanos 6 subditos de una de las dos
partes contratantes tendran en los eflados de
la otra la libertad de difponer de fus bienes:
perfonales bien fea por teftamentOj donacion,
ii otra manera, y fi fus herederos fuefen sub-
ditos 6 ciudadanos de la otra parte contra-
' tante j fucederan en fus bienes ya fea en virtud
de teftamento 6 ab intefta^o, y podran tomar
pofefion, bien en perfona, 6 por medio de
otros que hagan fus veceSj y difponer como
les pareciere fm pagar mas derechos que
aquellos que deben pagar en cafo feniejante los
habitantes del pais donde fe verificafe la he-
rencia.
Y fi eilubiefen aufentes los herederos fe
cuidara de los bienes que les hubiefen tocado,
del mifmo modo que fe hubiera hecho en fe-
mejante ocafion con los bienes de los naturales
del pais, hafta que el legitime propietario ha-
ya aprobado las difpoficiones para recoger la
herertcia. Si fe fufcitafen difputa.s entre dife-
Vol. II. V 3
r 524 ]
other.
ARTICLE XIV.
No fubject of his Catholic Majefty fhall ap-
No citizen ply for, or take any commiffion or letters of
nation" marque, for arming any fhip or (hips to acl:
fhaii take a as privateers againft the faid United States, or
fr00™ma f"m againft the citizens, people or inhabitants of
reign pow- the faid United State?, or againft the property
privateers of any of the inhabitants of any of them, from
againft the any prince or ftate with which the faid United
States fhall be at war.
Nor fhall any citizen, fubject. or inhabitant
of the faid United States apply for or take any
commiffion or letters of marque for arming
any fhip or mips to acl: as privateers againft
the fubjeefcs of his Catholic Majefty, or the pro-
perty of any of them, from any prince of ftate
with which the faid king mail be at war. And
if any perfon of either nation fhall take fuch
commimons or letters of marque, he fhall be
punifhed as a pirate.
ARTICLE XV.
It fhall be lawful for all and lingular the
fubjecls of his Catholic Majefty, and the citi-
zens, people and inhabitants of the faid Uni-
ted States, to fail with their mips, with all man-
ner of liberty and fecurity, no diftinction be-
ing made who are the proprietors of the mer-
chandizes laden thereon, from any port to the
places of thofe who now are, or hereafter fhall
be at enmity with his Catholic Majefty or the
United States. It fhall be likewife lawful for
make free the fubje&s and inhabitants aforefaid, to fail
cepVngC*~ with *ne fnips and merchandizes aforemen-
tioned, and to trade with the fame liberty and
fecurity from the places, ports and havens of
thofe who are enemies of both or either party,
without any oppofition or difturbance whatfo-
ever, not only dire&ly from the places of the
Liberty of
trade to
enemies'
ports feeur
ed.
Free fhips
coi.tra
band,
C 5*5 1 <
ARTICULO XIV.
Ningun subdito de S. M. Caiolica tomara
cncargo 6 patents para armar buque 6 buques
que obren como corfarios contra dichos Eftados
Unidos, 6 contra los ciudadanos pueblos y
habitantes de los mifmos, 6 contra fu propie-
dad 6 la de los habitantes de alguno de ellos
de qualquier Principe que Tea con quien e'ftu-
bieren en guerra los Eftados Unidos.
Ygualmente ningun ciudadano 6 habitante
de dichos Eftados Unidos pedira 6 aceptara
encargo 6 patente para armar . algun buque 6
buques con el fin de perfeguir los subditos de
S. M. Catolica, 6 apoderarfe de fu propiedad,
de qualquier Principe 6 Eftado que fea con
quien eftuviere en guerra S. M. Catolica. Y ii
algun individuo de tma 6 de otra nacion to-
rnafe femej antes encargos 6 patentes fera cafti-
gado como pirata.
ARTICULO XV.
Se permitira a todos y a cada uno de los sub^-
ditos de S. M. Catolica, y a los ciudadanos
pueblos y habitantes de dichos Eftados, que
puedan navegar con fus embarcaciones con to-
da libertad, y feguridad liii que haya la me-
nor excepcion por efte refpefto, aunque los
propietarios de las mercaderias cargadas en
las referidas embarcaciones vengan del puerto
que quieran, y las traygan deftinadas a qual-
quiera plaza de una potencia acl:ualmente ene-
miga 6 que Io fea defpues, asi de S. M. Cato-
lica comode los Eftados Unidos. Se permitira
jgualmente a los subditos y habitantes mencio-
nados navegar con fus buques y mercaderias,
y freqiientar con igual libertad y feguridad las
plazas y puertos de las potencias enemigas de
kis partes contratantes, 6 de una de elias fin
[ 5*6 3
enemy aforementioned, to neutral places, but
alfo from cne place belonging to an enemy,
to. another place belonging to an enemy, whe-
ther they be under the jurif diction of the fame
prince or under feveral j and it is hereby fti-
pulated, that freeihips mall alfo give freedom
to goods, and that every thing fhall be deem-
ed free and exempt which fhall be found on
board the mips belonging to the fubje&s of ei-
ther of the contracting parties, although the
whole lading, or any part thereof, mould ap-
pertain to the enemies of either : Contraband
goods being always excepted. It is alfo agreed,
that the fame liberty be extended to perfons
who are on board a free fhip, fo that although
they be enemies to either party, they fhall not
be made prifoners or taken out of that free
{hip, unlefs they are foldiers and in actual fer=
vice of the enemies.
.ARTICLE XVI.
what arti- This liberty of navigation and commerce
ciesfhaiibe {^all extend to all kinds of merchandizes, ex-
contra- cepting thofe only, which are diftinguifhed by
band. ^ name of contraband : And under this
name of contraband or prohibited goods, fhall
be comprehended arms, great guns, bombs,
with the fufees,' and the other things belong-
ing to them, cannon-ball, gunpowder, match,
pikes, fwords? lances, fpears, halberds, mor-
tars, petards, grenades, faltpetre, mufquets,
mufquet-ball, bucklers, helmets, breaft-plates,
■coats, of mail, and the like kinds of arms, pro-
per for arming foldiers, rmrfquet-refts, belts,
faorfes "with their furniture, and all other war-
C $*7 1
opoficion li obftaculo, y de comerciar no folo
defdelos puertos de dicho enemigo a im puer-
to neutro dire&amente, fi no tambien defde
uno enemigo a otro tal, bien fe encuentre
baxo fu jurifdicion, 6 baxo la de muchos j y
fe eftipula tambien por el prefente tratado que
los buques libres afeguraran igualmente la li-
bertad de las mercaderias, y que fe juzgaran
Hbres todos los efedtos que fe hallafen a bordo
de los buques que perteneciefen a los subditos
de una de las partes contratantes, aun quando
el cargamento por entero 6 parte de el fuefe
de los enemigos de una de las dos, bien enten-
dido fin embargo que el contraband o fe excep-
tua fiempre. Se ha c®nvenido asi mifmo que
la propia libertad gozaran los fugetos que pu-
diefen encontrarfe a bordo del buque libre,
aun quando fuefen enemigos de una de las dos
partes contratantes ; y por lo tanto no fe po-
dra hacerlos prifioneros ni fepararlos de dithos
buques a*menos que no tengan la qualidad de
militares, y efto hallandofe en aquella fazon
empleados en el fervicio del enemigo.
ARTICULO XVI.
Efta libertad de navegacion y de.comercio
debe extenderfe a toda efpecie de mercaderias
exceptuando folo las que fe comprehenden
baxo nombre de contraband©, 6 de mercade-
rias prohibidas, quales fon las armas, canones,
bombas con fus mechas, y demas cofss perte-
necientcs a lo mifmo, balas, polvora, mechas,
picas, efpadas, lanzas, dardos, alabardas, mor-
teros, petardos, granadas, falitre, fufiles, balas,
efcudos, cafquetes, corazas, cotas de malla, y
ctras armas de efta efpecie propias para armar
a los foldados, portamofquetes, bandoleras, ca-
ballos con fus armas y otros inftrumentos de
guerra fean los que fueren. Pero los genero-?
C 5*8 ]
what arti- like inftruments whatever. Thefe merchatidi-
cies fliaii zes which follow, (ball not be reckoned among
contra"^ contraband or prohibited goods : That is to
band. fay, all forts of cloths, and all other manu-
factures woven of any wool, flax, filk, cotton,
or any other materials whatever ; all kinds of
wearing apparel, together with all fpecies
whereof they are ufed to be made ; gold and
iilver, as wsll coined as uncoined, tin, iron,
latten, copper, brafs, coals; as alfo wheat, bar-
ley and oats, and any other kind of corn and
pulfe ; tobacco,. and iikewife all manner of
fpices, falted and fmoked flefli, faked fifh,
cheefe and butter, beer, oils, wines, fugars,
and all forts of falts : And in general, all pro-
virions which ferve for the fuftenance of life :
Furthermore, all kinds of cotton, hemp, flax,
tar, pitch, ropes, cables, fails, fail-cloths, an-
chors, and any parts of anchors, alfo mips*
mails, planks and wood of all kind, and all
other things proper either for building or re-
pairing (hips, and all other goods whatever,
which have not been worked into the form
of any inftrument prepared for war, by land
or by fea, ihall not be reputed contraband*
much lefs> fuch as have been already wrought
and made up for any other ufe ; all which mail
be wholly reckoned among free goods : As
Iikewife all other merchandizes and things
, ' which are not comprehended and particularly
mentioned in the foregoing enumeration of
contraband goods : So that they may be tranf*
ported and carried in the freefl manner by
the fubje£ta of both parties, even to places be-
- longing to an enemy, fuch towns or places be-
ing only excepted, as are at that time befieg-
ed, blocked up, or invefled. And except the
sajfes in which any fhip of war, or fquadron
C 529 ]
y mercaderias que fe nombraran ahora, no ie
comprehenderan entre los de contrabando 6
colas prohibidas, a faber : toda efpecie de pa-
nos y qualefquiera otras telas de lana, lino, fe-
da, algodon u otras qualefquiera materias, toda
efpecie de veftidos con las telas de que fe acof-
tumbran hacer, el oro y la plata labrada en
moneda 6 no, el eftano, hierro, laton, cobre,
bronce, carbon, del mifmo modo que la ce-
vada, el trigo, la avena, y qualquiera otro ge-
nero de legumbres. El tabaco y toda la efpe-
ceria, carne falada y ahumada, pefcado fala-
do, quefo y manteca, cerveza, aceytes, vinos,
azucar, y toda efpecie de fal, y en general to-
do genero de provifiones que firvan para el
fuflento de la vida. Ademas toda efpecie de al-
godon, canamo, lino, alquitran, pez, cuerdas,
cables, velas, telas para velas, ancoras, y partes
de que fe componen. Maftites, tablas, maderas
de todas efpecies, y qualesfquiera otras cofas;
que lirvan para la conftruccion y reparacion
de los buques, y otras qualefquiera materias
que no tienen la forma de un inftrumento
preparado para la guerra por tierra 6 por mar,
no feran reputadas de contrabando, y menos
las que eflan ya preparadas para otros ufos.
Todas las cofas que fe acaban de nombrar de-
ben fer comprehendidas entre las mercaderias
libres, lo mifmo que todas las demas mercade-
rias y efeclos que no eitan comprehendidos y
nombrados exprefamente en la enumeracion de
los generos de contrabando, de manera que
podran fer tranfportados y conducidos con la
mayor libertad por los subditos de las dos partes
contratantes a las plazas enemigas, exceptuan-
do fin embargo las que fe hallafen en la aduali-
dad fitiadas, bloqueadas, 6 embeflidas, y los
cafos en que algun buque de guerra 6 efqua-
Vol. II, X 3
t x° f,
{hall, in confequence of ftorms or other acci-
dents at fea, be under the neceffity of taking
the cargo of any trading yeflel or veifels, in
which cafe they may flop the faid veffel or vef-
fels, and furnifh themfelves with neceffaries,
giving a receipt, in order that the power to
whom the faid fhip of war belongs, may pay
for the articles fo taken, according to the price
thereof, at the port to which they may appear
to have been deflined by the fhip's papers :
and the two contracting parties engage, that
the veifels mall not be detained longer than
may be abfolutely neceffary for their faid fhips
to fupply themfelves with neceffaries : That
they will immediately pay the value of the re-
ceipts, and indemnify the proprietor for all
loffes which he may have fuflained in confe-
quence of fuch tranfadion.
ARTICLE XVII.
To the end, that all manner of dilfention3
and quarrels may be avoided and prevented
ipe&ing on 0ne fide and the other, it ts agreed, that in
and fea-"' cafe either of the parties hereto, mould be en*
letters. gaged in a war, the mips and veifels belonging
to the fubjecls or people of the other party
muil be furniilied with fea-letters or paffports,
expreiling the name, property, and bulk of the
* fhip, as alfo the name and place of habitation
of the mailer or commander of the faid fhip,
that it may appear thereby, that the fhip really
and truly belongs to the fubjects of one of
the parties, which paifport mail be made out
and granted according to the form annexed to
this treaty. They mall likewife be recalled
every year, that is, if the fhip happens to re-
turn home within the fpace of a year.
It is likewife agreed, that fuch fhips being
laden, are to be provided not only with paff-
Rpgula
tions re
C 53' ]
«£ra que por efecl:o de averia, u otras caufas fe
ha He en necefidad de tomar los efeftos que
conduzca el buque 6 buques de comercio,
pues en tal cafo podrfi detenerlos para aprovi-
fionarfe, y daf un recibo para que la potencia
cuyo fea el buque que tome los efeclos, los
pague fegun el valor que tendrian en el puerto
adonde fe dirigiefe el propletario, fegun lo ex-
prefen fus cartas de navegacion : obligandofe
las dos partes contratantes a no detener los
buques mas de lo que fea abfolutamente nece-
fario paro aproviiionarfe, pagar inmediata-
mente los recibos, e indenmizar todos los da-,
nos que fufra el propietario a confeqiiencia de
femejante fucefo.
ARTICULO XVII.
A fin de evitar entre ambas patres toda ef-
pecie de difputas y quejas, fe ha convenido
que en el cafo de que una de las dos potencias
fe hallafe emperiada en una guerra, los buques
y baftimentos pertenecientes a los subditos 6
pueblos de la oira, deberan llevar configo pa-
tentes de mar 6 pafaportes que exprefen el
nombre, la propiedad, y el porte del buque,:
como tambien el nombre y morada de fu due-
no y comandante de dicho buque, para que
de efte niodo conlte que pertenece real y ver-
daderamente a los subditos de una de las dos
partes contratantes ; y que dichos pafaportes
deberan expedirfe fegun el modelo adjunto al
prefente tratado. Todos los anos deberan re-
novarfe eftos pafaportes en el cafo de que el
buque vueiva a fu pais en el efpacio de un anc
Igualmente fe ha conveindo en que Ids bu-
ques mencionados arriba, fi eftuviefen carga-
[ S3* ]
ports as above-mentioned, but alfo with certi-
ficates, containing the feveral particulars of
the cargo, the place whence the fhip failed, that
fo it may be known whether any forbidden or
contraband goods be on board the fame :
which certificates mail be made out by the offi-
cers of the place whence the fhip failed in the
accuftomed form1 : And if any one mall think
it fit or advifable to exprefs in the faid certifi-
cates, the perfon to whom the goods on board
belong, he may freely do fo : Without which
requifites they may be fentto one of the ports
of the other contracting party, and adjudged
by the competent tribunal, according to what
is above kt forth, that all the circumftances of
this omiiiion having been well examined, they
fhallbe adjudged to be legal prizes, unlefs they
mall give legal fatisfaclion of their property
by teftimony entirely equivalent.
ARTICLE XVIII.
If the mips of the faid fubje&s, people, or
inhabitants, of either of the parties, mail be
met with, either failing along the coafts or on
war.1 pS ' the high feas, by any fhip of war of the other,
or by any privateer, the faid fhip of war or pri-
vateer for the avoiding of any diforder, mail
remain out of cannon mot, and may fend their
boats a-board the merchant fhip, which they
mail fo meet with, and may enter her to num-
ber, of two or three men only, to whom the
mailer or commander of fuch fhip or veffel
ihall exhibit his paffports, concerning the pro-
perty of the fhip, made out according to the
form inferted in this prefent treaty, and the
fhip when fne ihall have fhewed fuch paffport,
ihall be free and at liberty to purfue her voy-
age, fo as it ihall not be lawful to molefl or
give her chace in any manner, or force her to
quit her intended courfe. '
Veflelsfliall
exhibit
[ 533 ]
dos, deberan llevar no folo los pafaportes fino
tambien certificados que contengan el porme-
nor del cargamento, el lugar de donde ha fa-
lido el buque, y la declaracion de las mercade-
derias de contrabando que pudiefen hallarfe
a bordo, cuyos certificados deberan expedirfe
en la forma acoflumbrada por los oficiales em-
pleados en el lugar de donde el navio fe hiciefe
a la yela, y fi fe juzgafe iitil y prudente expre-
far en dichos pafaportes la perfona propietaria
de las rnercaderias fe podra hacer libremente,
fm cuyos requifitos fera conducido a uno de
los puertos de la potencia refpecliva, y juzga-
do por el tribunal competente, con arreglo a
lo arriba dicho, para que examinadas bien las
circunftancias de fu falta, fea condenado por
debuenaprefafi.no fatisfaciefe legalmente con
los teftimonios equivalentes en un todo.
ARTICULO ■ XVIII.
Quando un buque perteneciente a los dichos
subditos pueblos y habitantes de una de las
dos partes fuefe encontrado navegando a lo
largo de la cofta 6 en plena mar por un buque
de guerrade'la otra 6 por un corfario, dicho
buque de guerra 6 corfario, a fin de evitar to-
do deforden, fe mantendra fuera del tiro de
canon, y podra enviar fu chalupa a bordo del
buque mercante, hacer entrar en el dos 6 tres'
hombres a los quales enfenara el patron 6 co-
mandante del buque fu pafaporte y demas do-
cumentos, que deberan fer conforines a lo
prevenido en el prefente tratrado, y probara
la propiedad del buque, y defpues de haber
exhibido femejante pafaporte y documentos, fe
les dexara feguir libremente fu viage, fm que
les fea licito el moleflarle ni procurar de modo
alguno darle caza, u obligarlea dexar el rum-
bo que feguia.
[ 534 J
Cojifuls.
Courts of
jufticc to
be open to
citizens of
each
Matron.
Conipen-
fation to
be made to
citizen? of
U. S. for
illegal
captures
of veiTcls
by Spanifli
fiibjeiXs.
ARTICLE XIX.
Confuls mall be reciprocally eftablilhed,
with the privileges and powers which thofe
of the moft favored nations enjoy, in the ports
where their confuls reiide or are permitted to
be.
ARTICLE XX.
It is alfo agreed that the inhabitants of the
territories of each party mall refpe&ively have
free accefs to the courts of juflice of the other,
and they fhall be permitted to profecute fuits
for the recovery of their properties, the pay-
ment of their debts, and for obtaining fatis-
faction for the damages which they may have
fultained, whether the perfonswhom they may
fue be fubjccls or citizens of the country in
which they may be found, or any other per-
fons whatfoever, who may have taken rufuge
therein; and : the proceedings and fentences
of the faid courts mall be the fame as if the
contending parties had been fubje&s or citi-
zens of the faid country.
ARTICLE XXL
In order to terminate all differences on ac-
count of the loffes fuftained by the citizens
of the United States in confequence of their
veffels and cargoes having been taken by the
fubje&s of his Catholic Majefty, during the
late war between Spain and France, it is agreed
that all fuch cafes mall be referred to the final
decifion of commiffioners to be appointed in
the following manner. His Catholic Majefty
fhall name one commiffioner, and the Prefi-
dent of the United States, by and with the
advice and confent of their Senate, fhall ap-
point another, and the faid two commiffioners
fhall agree on the choice of a third, or if they
cannot agree fo, they fhall each proppfe one.
'[ S35 ]
ARTICULO XIX.
Se eftableceran Confutes reciprocamente
con los privilegios y facultades que gozaren
los de las naciones mas favorecidas en los puer-
tos donde los tuvieren eftas, 6 les fea licito el
tenerlos.
ARTICULO, XX.
Se ha convenido igualmente que los habi-
tantes de los territories de una y otra parte ref-
pe&ivamente feran admitidos en los tribunales
de jufticia de la otra parte, y les fera permitido
el entablar fus pleytos para el recobro de fus
propiedades, pago de fus deudas, y fatisfaccion
de los danos que hubiefen recibido bien fean
las perfonas contra las quales fe quejafen sub-
ditos 6 ciudadanos del pais en el que fe hallen,
6 bien fean qualefquiera otros fugetos que
hayan refugiado alii ; y los pleytos y fenten-
cias de dichos tribunales feran las mifmas que
liubieran fido en el cafo de que las partes liti-
gantes fuefen subditos 6 ciudadanos del mifrao
pais.
ARTICULO XXI.
A fin de concluir todas las difenfiones fobre
las perdidas que los ciudadanos de los Eftados
Unidos hayan fufrido en fus buques y carga-
mentos aprefados por los vafallos de S. M. Ca-
tolica durante la guerra que fe acaba de fina-
lizar entre Efpaiia y Francia, fe ha convenido
que todos eftos cafos fe determinaran final-
mente por comifarios que fe nombraran de
efta manera : S. M. Catolica nombrara uno, y
el Prefidente de los Eftados Unidos otro con
confentimiento y aprobacion del Senado ; y
eftos dos comiiarios nombraran un tercero de
comun acuerdo : pero fi no pudiefen acor-
darfe, cada uno nombrara una perfona, y fus
&Q& nombres pueftos en fuerte fe facaran a
C 536 ]
perfon, and of the two names fo propofed, one
goners' to ^a^ fc>e drawn by lot in the prefence of the
afcertain two original commiffioners, and the perfon
the fame
whofe name fhall be fo drawn, (hall be the third
commimoner : and the three commiffioners fo
appointed, fhall be fworn impartially to exa-
mine and decide the claims in queftion, ac-
cording to the merits of the feveral cafes, and
to juftice, equity, and the laws of nations.
The faid commiffioners fhall meet and fit at
Philadelphia : and in the cafe of the death,
ficknefs, or neceffary abfence of any fuch com-
mimoner, his place fhall be fupplied in the
fame manner as he was nrft appointed, and
the new commimoner fhall take the fame oaths,
and do the fame duties. They fhall receive all
complaints and applications authorized by this
article, during eighteen months from the day
on which they fhall affemble. They fhall have
power to examine all fuch perfons as come be-
fore them on oath or affirmation, touching
the complaints in queftion, and alfo to receive
in evidence all written teftimony, authentica-
ted in fuch manner as they fhall think proper
to require or admit. The award of the faid
commiffioners, or any two of them, fhall be fi-
nal and conclufive, both as to the juftice of
the claim and the amount of the fum to be
paid to the claimants ; and his Catholic Ma-
jefty undertakes to caufe the fame to be paid
in fpecie, without deduction, at fuch times and
places, and under fuch conditions as fhall be
awarded by the faid commiffioners.
ARTICLE XXII.
The two high contracting parties, hoping
that the good correfpondence and friendfhip
which happily reigns between them, will be
further encreafed by this treaty, and that it
[ 537 1
jprefericia de los dos comifarios, refultahdo
por tercero aquel cuyo nombre hubiefe falido
el primero. Nombrados asi eftos tres comifa-
rios, juraran que examinaran y decidiran con
imparcialidad las quejas de que fe trala, fegun
el merito de la diferencia de los cafos, y fegun
di&en la jufticia, equidad, y derecho de gentes.
Dichos comifarios fe juntaran y tendran fus
fefiones en Phiiadelfia^ y en cafo de muerte
enfermedad 6 aufencia precifa de alguno de
ellos fe reemplazara fujplaza de la mifma mane-
ra que fe eligio, y el nuevo comifario hara
igual juramento y exercera iguales funciones.
En el termino de 18 mefes contados defde el
dia en qne fe junten admitiran todas las que-
jas y reclamaciones autorizadas por efte arti-
eulo. Asimifmo tendran autoridad para exa-
minar baxo la fancion del juramento a todas
las perfonas que ocurran ante ellos fobre pun-
tos relativos a dichos quejas, y recibiran como
evidente todo teftimonio efcrito que de tal ma-
nera fea autentico que ellos lo juzguen digno
de pedirfe 6 admitirfe. La decifion de dichos
comifarios, 6 de dos de ellos fera final y con-
cluyente, tanto por lo que toca & h. jufticia de
la queja, como por lo que monte la fuma que
fe deba fatisfacer a los demandantes, y S. M.
Catolica fe obliga a hacerlas pagar en efpecie,
fin rebaja y en las epocas, lugares, y baxo las
eondieiones que fe decidan por los comifarios.
ARTICULO XXII,
Efperando las dos altas partes contratantes
que la buena correfpondencia y amiftad que
reyna aftualmente entre si fe eftrechara mas y
mas con el prefente tratado, y que contribuna
Vol. II. Y 3
C 53s 3
Spain per- will contribute to augment their profperity
:n,ts clrlTT and opulence, will in future give to their mu-
zensofU. f '■ o^
States to taal commerce all the cxtennon and favour
Sdflt wl^ich the advantages of both countries may
New or. require.
And in confequence of the ftipulaiions con-
tained in the fourth article, his Catholic Ma-
jefly will permit the citizens of the United
States, for the fpace of three years from this
time, to depofit their merchandizes and effects
in the port of New-Orleans, and to export
them from thence without paying any other
duty than a fair price for the hire of the flores,
and his Majefly promifes either to continue
this permifiion, if he fmds during that time
that it is not prejudicial to the inter efts of
Spain, or if he fhould not agree to continue-
it there, he will aflign to them, on another
part of the banks of the Miffifippi, an equi-
valent eftablifhment.
ARTICLE -XXIII.
The prefent treaty fliall not be in force until
ratified by the contracting parties, and the
ratifications mall be exchanged in fix months
from this time, or fooner if poffible.
In witness whereof, we, the underwrit-
ten plenipotentiaries of his Catholic Ma-
jefly and of the United States of Ame-
rica, have figned this prefent treaty of
friendfhip, limits, and navigation, and
have thereunto affixed our feals refpec-
tively.
Done at San Lorenzo el Real, this /even
and twentieth day of Qclober, one thonfand
/even hundred and ninety-jive.
Thomas Pinckney, (l. s.)
El Principe de la Paz, (l, s.)
C 539 1
a aumentar fu profperidad y opulencia, con-
cederan recpirocamente en lo fucefivo al co-
niercio todas las ampliaciones 6 faxores que
exgiiefe la utilidad de los dqs paifes.
Y defile inego a confeqiiencia de lo eftipu-
iado en el articulo IV. permitira S. M. Catolica
por efpacio de feres anos a los ciudadanos de
los Eftados Unidos que depofiten fus merca-
derias y.efectos en el puerto de Nueva-Orleans,
y que las extraigan fin pagar mas derechos
que un precio jufto por el akmiler de los alma-
cenas, ofreciendo S. M„ ccntinuar el termino
,de efla gracia, fi fe experimentafe durante
;aquel tiempo que noes^perjudical a los inte-
refes de la Eipafia, 6 fi no conveniefe fu con-
tinuacion ennara aquel puerto, proporcionark
en otra parte de las orillas del Rio Mififipi
im igual eftablecimiento.
ARTICULO XXIII.
. El prefente tratado no tendra efedlo hafla que
las partes contr.atantes le hayan ratificado ; y
las ratificaeiones fe cambiaran en el termino
de feis mefes, 6 antes ii fuefe pofibie contan-
do defde efle dia.
En fe de lo ojjal nosotrqs los infraf-
criptos plenipotenciariosdeS. M. Catolica
y de. los Eftados Unidos de America, he-
mes firmado en virtud de nueftros plenos
poderes efle tratado de amiftad, k'mites,
• y navegacion, y le hemos pueflo nueftros
fellos refpe£tivos.
Hecho en San Lorenzo el Real, a veinte y
fiete de QOlubre de mil fetencieios noventa
y cinco.
Thomas Pinckney, (l. s.)
El Principe pe la Faz, (l. s.)
DECLARATION
O F
INDEPENDENCE,
In Congress, July 4, 1776.
WHEN, in the courfe of human events, it be?
comes neceffary for one people to diffolve the
political bands which have connected them with ano-
ther, and to aflume, among the powers of the earth,
the feparate and equal ftation to which the laws of na-
ture and of nature's God entitle them, a decent refpec!
to the opinions of mankind requires that they mould
declare the caufes which impel them to the feparation.
. We hold thefe truths to be felf- evident ; that all men
are created equal ; that they are endowed, by their
Creator, with certain unalienable rights ; that among
thefe are life, liberty, and the purfuit of happinefs. —
That to fecure thefe rights, governments are inftituted
among men, deriving their jufl powers from the con-
sent of the governed ; that whenever any form of go-
vernment becomes deftru&ive of thefe ends, it is the
right of the people to alter or to abolifh it, and to in-
stitute new government, laying its foundation on fuch
principles, and organizing its powers in fuch form, as
to them fhall feem molt likely to effect their fafety and
happinefs. Prudence, indeed, will dictate, that govern-
ments long eftablilhed, mould not be changed for light and
tranfient caufes ; and accordingly, all experience hath
me wn,that mankind are more difpofed to fuffer,while evils
are fufferable, than to right themfelves by abolifhing
the forms to which they are accuftomed. But when a
long train of abufes and ufurpations, purfuing invari-
ably the fame object, evinces a defign to reduce them
under abfolute defpotifm, it is their right, it is their du-
ty, to throw off fuch government, aa4 to provide ne\j
[ 542 ']
guards for their future fecurity. Such has been the
patient fuiferance of thefe colonies ; and fuch is now
the neceility which conftrains them to alter their for-
mer fyftems of government. The hiltory of the pre-
fent King of Great-Britain, is a hiftory of repeated inju-
ries and usurpations, all having in direct object the ef-
tablifhment of an abfolute tyranny over thefe Hates. To
prove this, let facts be fubmitted to a candid world.
He has refufed his aifent to laws the molt whole-
fome and necefTary for the public good.
He has forbidden his governors to pafs laws of im-
mediate and preffing importance, unlefs fufpended in
their operation till his aifent mould be obtained ; and
when fo fufpended, he has utterly neglected to attend
to them.
He has refufed to pafs other laws for the accommo-
dation of large diftricts of people, unlefs thofe people
would relinquish the right of reprefentation in the le-
giflature ; a right ineftimable to them, and formidable
to tyrants only. He has called together legiilative bo^
dies at places unufual, uncomfortable, and diftant from
the depofitory of their public records, for the ible pur-
pofe of fatiguing them into compliance with his mea-
sures.
He has diffolved reprefentative houfes repeatedly, for
cppofing, with manly firmnefs, his invafions on the
rights of the people.
He has refufed for a long time, after fuch diffoiutions,
to caufe others to be elected \ whereby the legiilative
powers, incapable of annihilation,- have returned to the
people at large for their exercife ; the (late remaining,
in the mean time, expofed to all the dangers of inva-
fion from without, and convulfions within.
He has endeavoured to prevent the population of
thefe (fates ; for that purpofe obftructing the laws for
naturalization of foreigners ; refufmg to pafs others to
encourage their migrations hither, and raifing the con-
ditions of new appropriations of lands.
C 543 J
He lias obftrucled the adminiftration of jtiftice, by
refufmg his aflent to laws for eftablifhing judiciary
powers.
He has made judges dependant on his will alone,
lor the tenure of their offices, and the amount and pay-
ment of their falaries.
He has erected a multitude of new offices, and fent
hither fwarms of officers, to harrafs our people and eat
out their fubftance.
He has kept among us, in times of peace, ftanding
armies, without the confent of our legiflatures.
He has affected to render the military independent of,
and fuperior to the civil power.
He has combined with others to fubje£t us to a ju-
rifdiclaon foreign to our constitution, and unacknow-
ledged by our laws; giving his affent to their acts of
pretended legislation :
For quartering large bodies of armedtroops among us :
For protecting them, by a mock trial, from punifh-
ment for any murders which they fhouid commit on
the inhabitants of thefe ftates :
For cutting oil our trade with all parts of the world :
For impofing taxes on us without cur confent :
For depriving us, in many cafes, of the benefits of
trial by jury :
For transporting us beyond feas to be tried for pre-
tended offences :
For abolifning the free fyftem- of Englifli laws in a
neighbouring province, eftab'lifhing therein an arbitrary
government, and enlarging its boundaries, fo as to ren-
der it at once an example and fit instrument for intro-
ducing the fame abfolute rule into thefe colonies :
For taking away our charters, abohming our molt
valuable laws, and altering fundamentally the forms of
our governments :
For fufpending our own legiflatures, and declaring
themfelves inverted with power to legiflate for us in alt
eafes whatfoever.
C 544 ]
He has abdicated government here, by declaring us
out of his protection, and waging war againft us.
He has plundered our feas, ravaged our coafts, burnt
our towns, and deftroyed the lives of our people.
He is, at this time, transporting large armies of fo-
reign mercenaries to complete the works of death, de*
folation,and tyranny, already begun with circumftances
of cruelty and perfidy, fcarcely paralleled in the moft
barbarous ages, and totally unworthy the head of a ci-
vilized nation.
He has conftrained our fellow-citizens, taken captive
on the high feas, to bear arms againft their country, to
become the executioners of their friends and brethren,
or to fall themfelves by their hands.
He has excited domeftic infurreclions amongft us,
and has endeavoured to bring on the inhabitants of our
frontiers, the mercilefs Indian favages, whofe known
rule of warfare is an undiftinguilhed deftruction of ail
ages, fexes and conditions.
In every ftage of thefe oppreflions, we have petitioned
for redrefs in the moft humble terms : Our repeated
petitions have been anfwered only by repeated injury. A
prince, whofe character is thus marked by every ad which
may define a tyrant, is unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our Britifh
brethren. We have warned them, from time to time,
of attemps by their legiflature to extend an unwarrant-
able jurifdi&ion over us. We have reminded them of
the circumftances of our emigration and fettlement
here. We have appealed to their native juftice and mag-
nanimity, and we have conjured them by the ties of
our common kindred, to difavow thefe ufurpations,
which would inevitably interrupt our connexions and
correfpondence. They too have been deaf to the voice
of juftice and of confanguinity. We muft, therefore,
acquiefce in the neceffity which denounces our fepara-
tion, and hold them, as we hold the reft of mankind,
enemies in war, in peace, friends.
C 545 ]
WE, therefore, the reprefentatlves of the United
States of America, ifl General Congrefs affembled,
appealing to the Supreme Judge of the World for the
rectitude of our intentions, do, in the name, and by au-'
thority of the good people of thefe colonies, folemnly
publifh and declare, That thefe United Colonies are,
and of right ought to be, Free and Independent
States ; that they are abfolved from all allegiance to
the Britilh Crown, and that all political connexion be-
tween them and the ftate of Great-Britain, is, and
ought to be, totally diffolved ; and that as Free ana" In-
dependent States, they have full power to levy war,
conclude peace, contract alliances, eftablifh commerce*
and to do all other acts and things which Independent
States may of right do. And for the fupport of this de*
claration, with a firm reliance on the protection of Di-*
-vine Providence, we mutually pledge to each other,
our lives, our fortunes, and our facred honour*
J ' 0 H N H A N C 0 C K<
C Jofiah Bartlett,
New-Hamft/hire* < William Whipple,
C. Matthew Thornton*
. f Samuel Adams,
Maffachufetn-Bay. HtbertTr^at Paine,
LElbridge Gerry.
m j rn j c^> ^ Stephen Hopkins,
Mode.IJland, &e. £ ^^ E„^
f Roger Sherman,
~ ' / Samuel Huntington.
Conneaicut. 1 wni. wil|.6ma_
I
William Williams.
Oliver Wolcott.
f William Floyd,
New-Tork J PhiHp Livingfton*
jxew-iort. «j Francis LewiSj
L Lewis Morris.
Vol. tt Z 3
C 546 ]
Pennfylvania.
f Richard Stockton,
{John Witherfpoon,
Francis Hopkinfon,
John Hart,
Abraham Clark.
f Robert Morris,
Benjamin Rufh,
Benjamin Franklin,
John Morton,
< George Clymer,
James Smith,
George Taylor,
James Wilfon*
^George Rofs.
f Csefar Rodney,
< George Read,
C Thomas, M'Kean.
f Samuel Chafe,
I William Paca,
< Thomas Stone,
J Charles Carroll, of Car«
L rollton.
"George Wythe,
Richard Henry Lee.
Thomas Jefferfon,
Virginia, i Benjamin Harrifon,
Thomas Nelfon, jun.
Francis Lightfoot Lee
Carter Braxton.
"William Hooper,
J Jofeph Hewes,
. John Penn.
Edward Rutledge,
Thomas Hey ward, jua.
Thomas Lynch, jun.
. Arthur Middleton.
' Button Gwinnett,
[Lyman Hall,
■ George Walton.
Delaware.
Maryland.
North-Carolina.
Souib Carolina.
Georgia.
ARTICLES
O F
Confederation and Perpetual Union,
BETWEEN
THE STATES OF
New-Hampjhire, Majfachufetts-Bay, Rhode-IJJand and
Providence Plantations, Connecticut, New-Tork,
Neiv-Jerfey, Pennfyhania, Delaware, Ma-
ryland, Virginia, North-Carolina, South-
Carolina, and Georgia.
ARTICLE I.
THE ftile of this confederacy mall be, " The Uni*
ted States of America."
ARTICLE II.
Each ftate retains its fovereignty, freedom and inde-
pendence, and every power, jurifdiction and right which
is not by this confederation exprefsly delegated to the
United States in Congrefs auembled.
ARTICLE III.
The faid ftates hereby feverally enter into a firm
league of friendfhip with each other, for their common
defence, the fecurity of their liberties, and their mutual
and general welfare, binding themfelves to afTift each
other, againft all force offered to, or attacks made up-
on them,, or any of them, on account of religion, fove-
reignty, trade, or any other pretence whatever.
ARTICLE IV.
The better to fecure and perpetuate mutual friend-
fhip and intercourfe among the people of the different
ftates in this union, the free inhabitants of each of thefe
ftates, paupers, vagabonds, and fugitives from juftice
excepted, mail be entitled to all privileges and immu-
nities of free citizens ia the feveral ftates j and the peo-
C 548 ]
pie of each flate fhall have free ingrefs and regrefs to
and from any other (late, and fhall enjoy therein all the
privileges of trade and commerce, fubject to the fame
duties, impofitions and reflrictions as the inhabitants
thereof reflectively, provided that fuch reftriclions mail
not extend fofar as to prevent the removal of proper-
ty imported into any {late, to any other date of which
the owner is an inhabitant ; provided alfo, that no im-
pofitions, duties or reftriclions fhall be laid by any flate,
on the property of the United States, or either of them.
If any perfon guilty of, or charged with treafon, fe-
lony, or other high mifdemeanor in any flate, fhall flee
fromjuflice, and be found in any of the United States,
he fhall upon demand of the governor, or executive
power of the flate from which he fled, be delivered up
and removed to the flate having jurifdiclion of his of-
fence.
Full faith and credit fhall be given in each of thefe
flates, to the records, acts and judicial proceedings' of
f:he courts and magiflrates of every other flate.
ARTICLE V.
For the more convenient management of the gene-
ral interefls of the United States, delegates fhall' be
annually appointed in fuch manner as the legillature
of each flate fhall direct, to meet in Congrefs on the
firfl Monday in November, in every year, with a power
refer ved to each flate, to recal its. delegates, or any of
them, at any time within the year, and to fend others
in their flead, for the remainder of the year.
No flate fhall be reprefented in Congrefs by lefs
than two nor more than feven members ; and no
perfon fhall be capable of being a delegate for more
than three years in any term of fix years ; nor fhall
any perfon, being a delegate, be capable of holding
any office under the United States, for which he, or
any other for his benefit, receives any falary, fees or
emolument of any kind.
Each ftate fhall maintain its own delegates in a
[ 549 ]
«
meeting of the Hates, and while they act as members
of the committee of the ftates.
In determining queftions in the United States in
Congrefs affembled, each ftate fhall have one vote.
Freedom of fpeech and debate in Congrefs mall not
be impeached or queftioned in any court or place out of
Congrefs; and the members of Congrefs fhall be pro-
tected in their perfons from arrefts and impriibnments,
during the time of their going; to and from and attend-
ance on Congrefs, except for treafon, felony or breach
of the peace.-
ARTICLE VI.
No ftate, without the confent of the United States
in Congrefs affembled, mall fend any embafTy. to, or
receive any embafTy from, or enter into any conference,
agreement, alliance, or treaty, with any king, prince,
or ftate ; nor fhall any perfon holding any office of
profit or truft under the United States, or any of therm,
accept of any prefent emolument, office or title of any
kind whatever from any king, prince or foreign ftate ;
nor fhall the United States in Congrefs affembled, - or
any of them, grant any title of nobility.
No' two or more^ ftates fhall enter into any treaty,
confederation or alliance whatever between them, with-
out the confent of the United S'tatea in Congrefs af-
fembied, fpecifying accurately the purpofes for which
the fame is to be' entered into, and how long it fhall
o
continue.
No ftate fhall lay any impofis or duties, which may
interfere with any ftipulations in treaties entered into „
by the United States in Congrefs affembled, with any
king, prince or ftate, in purfuance of any treaties al-
ready propofed by Congrefs, to the ^courts of France
and Spain.
No ve'iTels of war fhall be kept up in time of peace
by any ftate, except fuch number only as fhall be deem-
ed neceifary by the United States in Congrefs affembled,
for the defence of fuch ftate, or its trade ; nor fhall any
t 55° ]
body of forces be kept up by any ftate, in time of peace,
except fuch number only, as in the judgment of the
United States, in Congrefs affembled, fhall be deemed
requifite to garrifon the forts neceffary for the defence
of fuch ftate ; but every ftate fhall always keep up a
well-regulated and difciplined militia, fufficiently armed
and accoutred, and fhall provide and conftantly have
ready for ufe, in public ftores, a due number of field
pieces and tents, and a proper quantity of arms, am-
munition, and camp equipage.
No ftate mall engage in any war without the confent
of the United States, in congrefs affembled, unlefs fuch
ftate be actually invaded by enemies,or fhall have receiv-
ed certain advice of a refolution being formed by fome
nation of Indians to invade fuch flate, and the danger
is fo imminent as not to admit of a delay till the United.
States in Congrefs affembled can be confulted; nor fhall
any ftate grant commiflions to any fhips or veffels of
war, nor letters of marque or reprifal, except it be after
a declaration of war by the United States in Congrefs
affembled, and then only againft the kingdom or ftate,
and the fubjedls thereof, againft which^, war has been
fo declared, and under fuch regulations, as fhall be efta-
blifhed by the United States in Congrefs affembled,
Unlefs fuch ftate be infefted by pirates, in which cafe,
veffels of war may be fitted out for that occafion, and
kept fo long as the danger fhall continue, or, until the
United States in Congrefs affembled, fhall determine
otherwife.
ARTICLE VII.
When land forces are raifed by any ftate, for the
common defence, all officers of, or under the rank of
colonel, fhall be appointed by the legiflature of each
ftate refpe&ively, by whom fuch forces fhall be raifed,
or in fuch manner, as fuch ftate fhall direct : And all
vacancies fhall be fillecl up by the ftate which firft made
the appointment.
C ss* 3
ARTICLE VIII.
All charges of war, and all other expenfes, that fiiall
be incurred for the common defence or general welfare,
and allowed by the United States in Congrefs afTem-
bled, fhall be defrayed out of a common treafury,
which fhall be fupplied by the feveral dates, in propor-
tion to the value of all land, within each ftate, granted
to or furveyed for any perfon, as fuch land and the
buildings and improvements thereon mail be eft'imated,
according to fuch mode as the United States in Con-
grefs aflembled, fhall from time to time direct and
appoint.
The taxes for paying that proportion, fhall be laid
and levied by the authority and direction of the legiila-
tures of the feveral ftates, within the time agreed upon
by the United States in Congrefs affembled.
ARTICLE IX.
The United States in Congrefs aflembled, fhall havs
the fole, and exclufive right and power of determining
on peace and war, except in the cafes mentioned in the
fixth article ; of fending and receiving ambaffadors j
entering into treaties and alliances, provided that no
treaty of commerce fhall be made, whereby the legifla-
tive power of the refpedlive flates fhall be retrained
from impofing fuch impofts and duties on foreigners as
their own people are fubjefted to, or from prohibiting
the exportation or importation of any fpecies of goods
or commodities whatsoever ; of eftablifhing rules for
deciding in all cafes, what captures on land or water
{hall be legal, and in what manner prizes taken by land
or naval forces in the fervice of the United States fhall
be divided or appropriated ; of granting letters of
marque and reprifal in times of peace ; appointing
courts for the trial of piracies and felonies committed
on the high feas, and eftablifhing courts for receiving
and determining finally appeals in all cafes of captures,
provided that no member of Congrefs fhall be appoin-
ted a judge of any of the faid courts, i
C sv ]
The United States in Congrefs affembled, {hail alfobe
the lad refort on appeal in all difputes and differences
now fubfifting or that hereafter may arife between two
or more ftates concerning boundary, jurifdielion, or
any other, caufe whatever ; which authority (hall al-
ways be exercifed in the manner following. Whenever
the legifiative or executive authority or lawful agent of
any frate in controverfy with another, mall prefent a
petition to Congrefs, flating, the matter in queftion,
and praying for a hearing, notice thereof mail be given
by order of Congrefs to the legiilative or executive au-
thority of the other flate in controverfy, and a day af-
figned for the appearance of the parties by their lawful
agents, who mail then be directed to appoint, by joint
cohfent, commiffioners or judges to conftitute a court
for hearing and determining the matter in queftion;
but if they cannot agree, Congrefs mail name three per-
forms out of each of the United States, and from the lift
of fuch perfons, each party mall alternately flrike out
one, the petitioners beginning, until the number fhali
be reduced to thirteen ; and from that number not lefs
than feven, nor more than nine names, as Congref^
mall direct, fhall in the prefence of Congrefs be drawn.
out by lot : and the perfons whofe names mail be fo
drawn, or any five of them, fhall be commiflioners or
judges, to hear and .finally determine the controverfy,
fo always as a major part of the judges, who fhall hear
the caufe, fhall agree in the determination : And if ei-
ther party mail neglect to attend at the day appointed,
without mewing reafons which Congrefs fhall judge
fufficient, or being prefent, fhall refufe to flrike, the
Congrefs fhall proceed to nominate three perfons out
of each flate, and the fecretary of Congrefs mail flrike
in 'behalf of fuch party abfent or refilling ; and the
judgment and fentence of the court to be appointed, in
the manner before prefcribed, fhall be final and con-
clufive ; and if any of the parties fliall refufe to fubmit
to the authority of fuch. court, or to appear or defend
[ 553 1
their claim or caufe, the court (hall neverthelefs proceed
to pronounce fentence or judgment, which fhall in like
manner be final and decifive ; the judgment or fentence
and other proceedings being in either cafe tranfmitted
to Congrefs, and lodged among the acts of Congrefs,
for the fecurity of the parties concerned : Provided,
that every commiffioner, before he fits in judgment,
fhall take an oath, to be adminiftered by one of the
judges of the fupreme or fuperior court of the ftate,
where the caufe fhall be tried, " well and truly to hear
and determine the matter in queftion, according to the
beft of his judgment, without favour, affection, or hope
of reward :" Provided alfo, that no ftate fhall be de-
prived of territory for the benefit of the United States.
All controverfies concerning the private right of
foil, claimed under different grants of two or more
Mates, whofe jurifdictions as they may refpecl: fuch
lands and the ftates which paffed fuch grants are ad-
jufted, the faid grants or either of them being at the
fame time claimed to have originated antecedent to
fuch fettlement of jurifdi&ion, fhall, on the petition of
either party to the Congrefs of the United States, be
finally determined, as near as may be, in the fame man-
ner as is before prefcribed for deciding difputes reflec-
ting territorial jurifdi£rion between different ftates.
The United States in Congrefs aflembled fhall alfo
have the fole and exclufive right and power of regu-
lating the alloy and value of coin ftruck by their own
authority, or by that of the refpeclive ftates ; fixing
the ftandard of weights and meafures throughout the
United Siates ; regulating the trade and managing all
affairs with the Indians not members of any of the
dates ; provided that the legiflative right of any ftate
within its own limits be not infringed or violated ;
eftablifhing and regulating poft-offices from one ftate
to another throughout all the United States, and ex-
acting fuch poftage on the papers paffing through the
fame, as may be requifite to defray the expefifes of the
Vol.. II. A 4
Z 554 ]
faid office ; appointing all officers of the land forces In
the fervice of the United States, excepting regimental
officers ; appointing all the officers of the naval forces,
and commiffioning all officers whatever in the fervice
of the United States ; making rules for the govern-
ment and regulation of the faid land and naval forces
and directing their operations.
The United States in Congrefs aflembled fhall have
authority to appoint a committee to fit in the recefs of
Congrefs, to be denominated " a committee of the
dates, " and to coiifift of one delegate from each ftate,
and_to appoint fuch other committees and civil officers
as may be neceflary for managing the general affairs of
the United States, under their direction ; to appoint
one of their number to prefide, provided that no per-
fon be allowed to ferve in the office of prefident more
than one year, in any term of three years ; to afcertain
the neceflfary fums of money to be raifed for the fervice
of the United States, and to appropriate and apply the
fame for defraying the public expenfes ; to borrow mo-
ney or emit bills on the credit of the United States,
tranfmitfing every half year to the refpcftive ftates, an
account of the fums of money fo borrowed or emitted ;
to build and equip a navy ; to agree upon the number
of land forces, and to make requilitions from each ftate
for its quota, in proportion to the number of white in-
habitants in fuch ftate ; which requifition fhall be bind-
ing, and thereupon the legiflature of each ftate mall ap-
point the regimental officers, raife the men, and cloath,
arm and equip them in a foldier-like manner, at the
expenfe of the United States ; and the officers and men
fo cloathed, armed and equipped, fhall march to the
place appointed, and within the time agreed on by the
United States in Congrefs aflembled : But if the United
States in Congrefs aflembled fhall, on confideration of
circumflances, judge proper that any ftate fhould not
raife men, or fhould raife a fmaller number than its
quota, and that any other ftate fhould raife a greater
C 55S 1
number of men than the quota thereof, fuch extra
number mall be raifed, officered, cloathed, armed and
equipped in the fame manner as the quota of fuch ftate,
unlefs the legiflature of fuch ftate (hall judge that fuch
extra number cannot be fafely fpared out of the fame ;
in which cafe they (hall raife, officer, cloath, arm and
equip as many of fuch extra number as they judge ca:i
be fafely fpared. And the officers and men fo cloathed,
armed and equipped (hall march to the place appointed,
and within the time agreed on by the United States in
Congrefs affembled.
The United States in Congrefs affembled, (hall ne-
ver engage in a war nor grant letters of marque and
reprifal in time of peace, nor enter^ into any treaties or
alliances, nor coin money, nor regulate the value there-
of, nor afcertain the fums and expenfes neceffary for
the defence and welfare of the United States or any of
.them ; nor emit bills, nor borrow money on the credit
qf the United States, nor appropriate money, nor agree
upon the number of veffels of war to be built or pur-
chafed, or the number of land or fea forces to be raifed,
nor appoint a commander in chief of the army or na-
vy, unlefs nine dates affent to the fame ; nor (hall a
queftion on any other point, except for adjourning from
day to day, be determined, unlefs by the votes of a
majority of the United States in Congrefs affembled.
The Congrefs of the United States (hall have power
to adjourn to any time within the year, and to any place
within the United States, fo that no period of adjourn-
ment be for a longer duration than the fpace of fix
months, and (hall publifti the journal of their proceed-
ings monthly, except fuch parts thereof relating to trea-
ties, alliances or military operations, as in their judg-
ment require fecrecy ; and the yeas and nays of the
delegates of each ftate on any queftion, (hall be enter-
ed on the journal, when it is defired by any delegate ;
and the delegates of a ftate or any of them, at his or
their requeft, (hall be furnimed with a tranfcript of the
C 556 1
faii.1 journal, except fuch parts as are above excepted,
to lay before the legiflatures of the feveral ftates.
ARTICLE X.
The committee of the Hates, or any nine of them,
fhall be authorized to execute, in the recefs of Con-
grefs, fuch of the powers of Congrefs, as the United
States in Congrefs affembled, by the confent of nine
ftates, {hall from time to time think expedient to veil
them with ; provided that no power be delegated to
the faid committee, for the exercife of which, by the
articles of confederation, the voice of nine ftates, in the
Congrefs of the United States afTembled, is requinte.
ARTICLE XI.
Canada acceding to this confederation, and joining
in the meafures of the United States, mall be admitted
into and entitled to all the advantages of this Union :
But no other colony mail be admitted into the fame,
unlefs fuch admimon be agreed to by nine ftates.
ARTICLE XII.
All bills of credit emitted, monies borrowed, and
debts contracted by or under the authority of Congrefs,
before the aifembling cf the United States, in purfu-
ance of the prefent confederation, mall be deemed and
confidered as a charge againft the United States, for
payment and fatisfa£tk>n whereof, the faid United States
and the public faith are hereby folemnly pledged.
ARTICLE XIII.
Every ftate mall abide by the determinations of the
United States in Congrefs affembled, on all queftions
which by this confederation are fubmitted to them.
And the articles of this confederation fhall be inviola-
bly obferved by every ftate, and the union fhall be per-
petual ; nor fhall any alteration, at any time hereafter,
be made in any of them; unlefs fuch alteration be agreed
to in a Congrefs of the United States, and be after-
wards Confirmed by the Legiflatures of every ftate.
C $57 3
And whereas it hath pleafed the Great Governor
of the World to incline the hearts of the legiflatures
we refpe&ively reprefent in Congrefs, to approve
of, and to authorife us to ratify the faid articles of
confederation and perpetual union : Know ye,
that we, the underligned delegates, by virtue of
the power and authority to us given for that pur-
pofe, do by thefeprefents,in the name and in be-
half of our refpeclive conflituents, fully and en-
tirely ratify and confirm, each and every of the
faid articles of confederation and perpetual union,
and all and lingular the matters and things therein
contained. And we do further folemnly plight
and engage the faith of our refpeclive conflituents,
that they mall abide by the determinations of the
United States in Congrefs affembled, on all quef-
tions which by the faid confederation are fubmit-
ted to them ; and that the articles thereof mall be
inviolably obferved by the ftates we refpeclively
reprefent ; and that the union mail be perpetual,
In Witness whereof, we have hereunto fet our
hands in Congrefs,
Done at Philadelphia, in the Ji ale of Pennfyfoania, the
gth day of "July, in the year of our Lord, l77^t an&
in the third year of the independence of America.
The aforefaid articles of confederation were finally ra-
tified on the firft day of March, 178 1 ; the ftate of
Maryland havings by their members in Congrefs, on
that day acceded thereto, and completed the fame.
AT TT n . C Tofiah Bartlett,
Ne-jj-HampPre, £ john Wentworth, jun.
( John Hancock,
[ Samuel Adams,
Mafuhu/Ms-Bay, \ f^^nZT
James Lovell,
Samuel Holten.
C 55* J
Rhode-IJland, &c.
Connecticut,
New-Tork,
New-Jerfey,
Pennfyhania,
Delaware,
Maryland,
Virginia,
North- Carolina,'
- South-Carolina,
Georgia,
William Ellery,
Henry Marchant,
John Collins.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hofmer,
Andrew Adams.
"James Duane,
Francis Lewis,
William Duer,
^Governeur Morris.
C John Witherfpoon,
£ Nathaniel Scudder.
" Robert Morris,
Daniel Roberdeau,
< Jonathan Bayard Smith,
William Clingan,
^Jofeph Reed,
f Thomas M'Kean,
< John Dickinfon,
^Nicholas Vandyke.
C John Hanfon,
£ Daniel Carrol.
"Richard Henry Lee,
John Bannifter,
Thomas Adams,
John Harvey,
Francis Lightfoot Lee.
f John Penn,
< Cornelius Harnett.
(_ John Williams.
"Henry Laurens,
William Henry Draytoa,
John Matthews,
Richard Hutfon,
(_ Thomas HeyWard, jun.
C John Walton,
< Edward Telfair,
£ Edward Langworthy.
AN ORDINANCE
FOR THE
GOVERNMENT OF THE TERRITORY
OF THE
United States North-weji of the River Ohio.
E /'/ ordained by the United States in Congrefs ajfem-
bled, That the, faid territory, for the purpofes of
temporary government, be one diftric~t ; fubjecl:, how*
ever, to be divided into two diilricls, as future circum-
ftances may, in the opinion of Congrefs, make it ex-
pedient.
Be it ordained by the authority afore/aid, That the
eftates both of refident and non-relident proprietors in.
the faid territory dying inteftate, (hall defcend to, and
be diftributed among their children, and the defen-
dants of a deceafed child in equal parts ; the defen-
dants of a deceafed child or grand-child, to take the
fhare of their deceafed parent in equal parts among
them : And where there mall be no children or de-
scendants, then in equal parts to the next of kin, in equal
degree ; and among collaterals, the children of a de-
ceafed brother or filler of the inteftate, mail have in
equal parts among them their deceafed parents fhare ;
and there mall in no cafe be a diftin&ion between
kindred of the whole and half blood ; faving in all
cafes to the widow of the inteftate, her third part of
the real eftate for life, and one third part of the perfonal ,
eftate; and this law relative to defcents and dower, mall
remain in full force until altered by the legiilature of
the diftricl:. And until the governor and judges fhall
adopt laws as herein-after mentioned, eftates in the
faid territory may be devifed or bequeathed by wills irt
writing, figned and fealed by him or her, in whom the
eftate may be (being of full age) and attefted by three
witneffes ; and real eftates may be conveyed by leafe
[ 56° ]
and releafe, or bargain and fale, figncd, fealed, and de-
livered by the pcrfon being of full age, in whom the
eftate may be, .and attefted by two witneffes, provided
fuch wills be duly proved, and fuch conveyances be
acknowledged, or. the execution thereof duly proved,
and be recorded within one year after proper .magif-
trates, courts, and regiliers fhall be appointed for that
purpofe ; and perfonal property may be transferred. by
delivery j faving, however to the French and Canadian
inhabitants, and other fettlers, of the Kafkafkies, Saint
"Vincent's, and the neighbouring villages, who have
heretofore profefted themfeives citizens of Virginia,
their laws and cufloms now in force among them, re-
lative to the defcent and conveyance of property.
Be it ordained by the authority afore/aid, That there
mail be appointed from time to time, by Congrefs, a
governor, whofe commiffion mall continue in force for
the term of three years, unlefs fooner revoked by Con-
grefs : he fhall refide in the diftricl:, and have a free-
hold eftate therein, in one thoufand acres of land,
v/hile in the exercife of his office.
There (hall be appointed from time to time by Con-
grefs a fecretary, whofe commiilion mall continue in
force for four years, unlefs fooner revoked ; he mail
refide in the diftricl:, and have a freehold eftate there-
in,, in five -hundred acres of land, while in the exercife
of his office : it fhall be his duty to keep and preferve
the acts and laws palled by the legislature* and the pub-
lic records ,of the diftricl, and the proceedings of the
governor in his executive department : and tranfmit
authentic copies of fuch acls and proceedings, every
fix months, to the fecretary of Congrefs: There fhall
alfo be appointed a court to confift of three judges, any
two of whom to. form a court, who fhall have a com-
mon law jurifdiclion, and refide in the diftricl:, and
have each therein a freehold eftate in five hundred acres
of land, while in the exercife of their offices ; and their ' <
commhTions mall continue in force during good beha-
viour. ■ " ' v
[ s6i ]
The governor and judges, or a majority oT them, mall
adopt and publifh in the diftricl:, fuch laws of the ori-
ginal ftates, criminal and civil, as may be necefTary, and
beft fuited to the circumftances of the diftricl:, and re-
port them to Congrefs from time to time ; which laws
fhall be m force in the diftri6l until the organization of
the general affembly therein, unlefs difapproved of by
Congrefs ; but afterwards the legiflature mail have au-
thority to alter them as they fhall think fit.
The governor for the time being, (hall be comman-
der in chief of the militia, appoint and commiffion all
officers in the fame, below the rank of general officers 5
all general officers lhall be appointed and commiffioned
by Congrefs.
Previous to the organization of the general aflembly,
the governor fhall appoint fuch magistrates and other
civil officers, in each county or townfhip, as he fhall
find neceffary for the prefervation of the peace and
good order in the fame : After the general affembly
fhall be organized, the powers and duties of magistrates
and other civil officers fhall be regulated and defined
by the faid aflembly ; but all magistrates and other ci-
vil officers not herein otherwife directed, fhall, during
the continuance of this temporary government, be ap«
pbinted by the governor.
For the prevention of crimes and injuries, the laws
to be adopted or made fhall have force inall parts of the
eliftricl:, and for the execution of procefs, criminal and
civil, the governor fhall make proper divifions thereof:
and he fhall proceed from time to time, as circumftan-
ces may require, to lay out the parts of the diftricl: in
which the Indian titles fhall have been extinguifhed, in-
to counties and townfhips, fubject however, to fuch
alterations as may thereafter be made by the legiflature.
So foon as there fhall be five thoufand free male in-
habitants, of full age, in the diftricl:, upon giving proof,
thereof to the governor, they fhall receive authority,
with time and place2 to elect reprefem\atives from their
Vol. II. B 4
ncotmties or townfhips, to reprefent them in the gene-
ral affembly ; provided that for every five hundred free
male inhabitants, there fhall be one reprefentative, and
fo on progreflively with the number of free male inha-
bitants fhall the right of reprefentation increafe, until
the number of reprefentatives fhall amount to twenty-
five ; after which the number and proportion of repre-
sentatives fhall be regulated by the legiflature: Provi-
ded that no perfon be eligible or qualified to aft as a
reprefentative, unlefs he fhall have been a citizen of one
of the United States three years, and be a refident in
the diflricl:, or unlefs he fhall have refided in the diflricl;
three years ; and in either cafe, fhall likewife hold in
his own right, in fee fimple, two hundred acres of land
within the fame: Provided alfo, that a freehold in fifty
acres of land in the diflricl:, having been a citizen of one
of the flates, and being refident in the diflricl;, or the
like freehold, and two years refidence in the diflricl:
fhall be neceflary to qualify a man as an elector of a
reprefentative.
The reprefentatives thus elected^ fhall ferve for the
term of two years ; and in cafe of the death of a re-
prefentative, or removal from cvffice, the governor fhall
iiiue a writ to the county or toWnfhip, for which he
was a member, to elect another in his flead, to ferw
for the refidue of the term.
. The general affembly, or legiflature, fhall confifl of
the governor, legiflative council, and a houfe of repre-
fentatives. The legiflative council fhall confifl of five
members, to continue in office five years, unlefs fooner
removed by Congrefs; any three of whom to be a quo-
rum : And the members of the council fhall be nomi-
nated and appointed in the following manner, to wit :
. ! s foon as reprefentatives fhall be elected, the governor
fhall appoint a time and place for them to meet toge-
ther, and when met, they fhall nominate ten perfons,
refidents in the diflricl:, and each poffened of a freehold
in five hundred acres of land, and return their names
C 5^3 ]
to Congrefs ; five of whom Congrefs mail appoint and
commiffion to ferve as aforefaid ; and whenever a va-
cancy mail happen in the council, by death or removal
from office, the houfe of reprefentatives mail nominate
two perfons, qualified as aforefaid for each vacancy,
and return their names to Congrefs ; one of whom,
Congrefs mail appoint and commiffion for the refidue
of the term. And every five years, four months at leaft
before the expiration of the time of fervice of the mem-
bers of council, the faid houfe mall nominate ten per-
fons, qualified as aforefaid, and return their names to
Congrefs ; five of whom Congrefs mall appoint and
commiffion to ferve as members of the council five
years, unlefs fooner removed. And the governor, le-
giflative council, and houfe of reprefentatives, {hall
have authority to make laws, in all cafes, for the good
government of the diftricl, not repugnant to the prin-
ciples and articles in this ordinance eftablifhed and de-
clared. And all bills having paffed by a majority in the
Jioufe, and by a majority in the council, mall be refer-
red to the governor for his affent ; but no bill or le-
giflative act whatever, mall be of any force without
his affent. The governor mall have power to convene,
prorogue and diffolve the general affembly, when in
his opinion it (hall be expedient.
The governor, judges, legiflative council, fecretary
and fuch other officers as Congrefs mall appoint in the
diftricl:, (hall take an oath or affirmation of fidelity, and
of office ; the governor before the prefident of Con-
grefs, and all other officers before the governor. As
foon as a legiflature mall be formed in the diftricl:, the
council and houfe afTembled, in one room, fhall have
authority, by joint ballot, to elecl a delegate to Con-
grefs, who (hall have a feat in Congrefs, with a right of
debating, but not of voting during this temporary go-
vernment.
And for extending the fundamental principles of dU
jpi<4 religious liberty, which form the bafis whereoii
c s«4 J
thefe republics; their laws and conftitutions are ere&ed;
to fix and eftablifh thofe principles as the bafis of all
laws, conftitutions and governments, which forever
hereafter mall be formed in the faid territory : to pro-
vide alfo for the eftablifhment of ftates, and perma-
nent government therein, and for their admiflion to a
mare in the federal councils, on an equal footing with
the original ftates, at as early periods j as may be con-
iiftent with the general interefl:
// is hereby ordained and declared, by the authority afore-
faid, That the following articles fhall be confidered as
articles of compact between the original ftates, and the
people and ftates in the faid territory, and forever re-
main unalterable, unlefs by common confent, to wit :
ARTICLE I.
Noperfon demeaning himfelf in a peaceable and or-
derly manner, fhall ever be molefted on account of his
mode of worfhip or religious fentiments, in the faid ter-
ritory.
ARTICLE II.
The inhabitants of the faid territory, fhall always be
entitled to the benefits of the writ of habeas corpus,
and of the trial by jury ; of a proportionate representa-
tion of the people in the legiflature, and of judicial pro-
ceedings according to the courfe of the common law.
All perfons thall be bailable, unlefs for capital offences,
where the proof fhall be evident, or the prefumption
great. All fines fhall be moderate ; and no cruel or
unufual punifhments fhall be infli&ed. No man fhall
be deprived of his liberty or property, but by the judg-
ment of his peers, or the law of the land ; and mould
the public exigencies make it neceffary, for the com-
mon prefervation, to itake any perfon's property, or to.
demand his particular fervices, full compenfation fhall
be made for the fame. And in the juft prefervation of
rights and property, it is ^ underftood and declared,
that no law ought ever to be made, or have force in
the faid territory, that ihalt in otv- manner whatever
r &
j
interfere with, or afTecY private contra&s or engage-
ments, bona fide, and without fraud previoufly formed.
ARTICLE III.
Religion, morality, and knowledge, being neceffary
to good government and the happinefs of mankind,
ichools, and the means of education, mail forever be
encouraged. The utmoft good faith fhall always be ob-
ferved towards the Indians ; their lands and property
mail never be taken from them without their confent ;
and in their property, rights and liberty, they never
fhall be invaded or difturbed, unlefs in juft and lawful
wars authorized by Congrefs ; but laws founded in
juftice and humanity, (hall from time to time be made,
for preventing wrongs being done to them, and for
preferving peace and friend/hip with them.
ARTICLE IV.
The faid territory, and the ftates which may be form-,
ed therein, fhall forever remain a part of this confede-
racy of the United States of America, fubject to the ar-
ticles of confederation, and to fuch alterations therein,
as fhall be conflitutionally made ; and to all the a£ls
and ordinances of the United States in Congrefs aflem-
bled, conformable thereto. The inhabitants and fet-
tfers, in the faid territory, fhall be fubjecl to pay a part
of the federal debts, contracted or to be contracted,
and a proportional part of the expenfes of government,
to be apportioned on them by Congrefs, according to
the fame common rule and meafure, by wMch appor-
tionments thereof fhall be. made on the other ftates ;
and the taxes for paying their proportion, fhall be laid
and levied by the authority and direction of the legif-
latures .of the diftrict or diftri&s .or new ftates, as in
file original ftates, within the time agreed upon by the
United States in Congrefs aflembled. The legiflatures
of thofe diftri&s or new ftates, fhall never interfere
vdth the primary difpofal of the foil by the United
States nr Congrefs affembled, nor wjth any regulations
Congrefs may find 'neceffary for fecuring the title in
C 566 ]
fuch foil to the bona fide purchafers. No tax fhall be
impofed on lands the property of the United States ;
and in no cafe fhall non-refident. proprietors be taxed
higher than refidents. The navigable waters leading
into the Miffifippi and St. Lawrence, and the carrying
places between the fame, mall be common highways,
and forever free, as well to the inhabitants of the faid
territory, as to the citizens of the United States, and
thofe of any other flates that may be admitted into the
confederacy, without any tax, impoft, or duty therefor.
ARTICLE V.
There (hall be formed in the faid territory, not lefs
than three, nor more than five ftates ; and the bounda-
ries of the ftates, as foon as Virginia fhall alter her
act of ceflion, and confent to the fame, fhall become
fixed and eftabli(hed as follows, to wit : The weftern
ftate in the faid territory, fhall be bounded by the Mif-
fifippi, the Ohio and Wabafh rivers ; a direct line
drawn from the Wabafh and Poft Vincents due north
to the territorial line between the United States and
Canada ; and by the faid territorial line to the lake of
the Woods and Miffifippi. The middle flate fhall b©
bounded by the faid direct line, the Wabafh from
Poft Vincents to the Ohio ; by the Ohio, by a direct
line drawn due north from the mouth of the Great
Miami, to the faid territorial line, and by the faid ter-
ritorial line. The eaftern ftate mall be bounded by
the laft mentioned direct line, the Ohio, Pennfylvania,
and the faid territorial line : Provided however, and it
Is further underftood and declared, that the bounda-
ries of thefe three ftates, fhall be fubject fo far to be
altered, that if Congrefs fhall hereafter find it expedi-
ent, they fhall have authority to form one or two ftates
in that part of the faid territory which lies north of
an eaft and weft line drawn through the foutherly bend
or extreme of lake Michigan. And whenever any of
the faid ftates, fhall have fixty thoufand free inhabi-
tants therein, fuch ftate fhall be admitted, by its dele-
C 567 J
gates, into the Congrefs of the United States, on an
equal footing with the original Hates, in all refpe&s
whatever ; and fhall be at liberty to form a permanent
conftitution and ftate government : Provided the con-
futation and. government fo to be formed, fhall be re-
publican, and in conformity to the principles contain-
ed in thefe articles ; and fo far as it can be confident
with the general intereft of the confederacy, fuch ad-
miffion mall be allowed at an earlier period, and when
there may be a lefs number of free inhabitants in the
flate than fixty thoufand.
ARTICLE VI.
There fhall be neither flavery nor involuntary fer-
vitude in the faid territory, other wife than in punifh-
ment of crimes, whereof the party fhall have been
duly convifted : Provided always, that any perfon ef-
caping into the fame, from whom labour or fervice is
lawfully claimed in any one of the original flates, fuch
fugitive may be lav/fully reclaimed, and conveyed to
the perfon claiming his or her labour or fervice as
aforefaid.
Dqne by the United States, in Congrefs ajfembled, the
thirteenth day of July, in the year of our Lord one
thoufandfe-ven hundred and eighty-feven, and of their
fovereignty and independence the twelfth.
WILLM. GRAYSON, Chairman,
Charles Thomson, Secretary.
Table of Contents.
A&s pafled at the Firft Seffion of the Second Congrefs.
CHAPTER PAGE
I. An acl granting farther time for making
return of the enumeration of the inhabitants
in the dijlricl of South-Carolina, 5
II. An acl for the relief of David Cook and
Thomas Campbell, 6
III. An acl making appropriations for the J up-
port of government for the year one thou-
fand feven hundred and ninety -two, 7
IV. An Acl for carrying into ejfecl a contracl
between the United States and the flate of
Pennfylvania, 1 3
V. An acl to extend the time limited for fet-
tling the accounts of the United States with
the individual Jlates, 14
VI. An acl concerning certain fijheries of the
United States, and for the regulation and
government of the jifoermenemployedtherein, 1 5
VII. An acl to eflablifh the pofi-qffice and pojl-
roads within the United States, 22
VIII. An acl relative to the eleclion of aPrefident
and Vice- Prefident of the United States,
and declaring the officer who Jhall acl as
Prefident in cafe of vacancies in the offices
both of Prefident arid Vice- Prefident, 2 2
IX. An acl for making farther and more ef-
fectual provi/ion for the protection of the
frontiers of the United States, 27
X. An acl declaring the confeni of Congrefs to
a certain acl ofthsftate of Maryland^ and
\
C 569 ]
CHAPTER P4G&
to continue for a longer time, an act declar- '
ing the-uffent ofCongrefs'fo certain ads of
the Jlates of Maryland, Georgia, and
Rhode-Ifland and Providence Plantations,
fo far as the fame refpecls the fiates of
, Georgia,, and. . Rhode-Ifland ■ and Provi-
dence Plantations , 27
XI. An acl to provide for the fettlement of the
.... claims of widows- and orphans barred by
the limitations heretofore ■efiablijhed, and
to regulate, the claims to invalid penfmns, 27
XII. An acl providing for, the fettlement of the
claims of perfons under particular circum-
flances barred by the limitations heretofore
efiablijhed, 3 I
XIII. An acl for the relief of certain widows,
orphans, invalids, and other perfons, 33
XIV. An, acl fupplemental to the acl for making
farther and more ejfeclual provifion for
the protection of the frontiers of the United
States, , 36
XV. An acl for finijhing the light -houfe on
, ^aid-head, at the mouth of CaperFear river,
in the fiate. of North-Carolina, 36
XVI. AnqcJejlablijh'mga mint., and regulating
the coins •■of % the United States, 37
XVit. An acl fupplementapy to the acl for the efla-
blifoment and fupport of light-houfes^ bea-
^cons, budys, .and public piers, 47
XVIII. An 'acl to erecl a ligki-hoife -on Montok
Point, i?i the fate of New-Tork,\.. ■ 48
XIX. An acl ''for aj "certaining the hounds. ofa.tr acl \
of land purchafed by. jfahtt Qfeves Symmes,, - -49
XX. An acl for fixing^ the compenfations of the
door-keepers .oftfje. Sei\ate and . Houfe of
Reprefe'ntatiyes in^Congrefs.,,, , , 50
XXI. An aft for altering th-e times of holding the
voi,: it v ' ' c'4
t 57° J
ESAPTMR PAG&
circuit courts, in certain difhicls of the
United States, and for other purpofcs, 5 1
XXII, An acl to compenfate the corporation of
truftees of the public grammar -fchoo I and
academy of Wilmington, in the/late of De-
laware, for the occupation of, and damages
done to the faid fchool, during the late war, $a
XXIII. An acl for apportioning reprefentatives
among the fcveral flates, according to the
fir ft enumeration, 55
XXIV. An acl concerning confuls and vice confuh, 56
XXV. An acl authorifing the grant and convey-
ance of certai/i lands to the Ohio company of
affociates, 63
XXVI. An acl to indemnify the eftate of the late
Major General Nathaniel Green, for a
certain bond entered into by him during the
late war, 66
XXVII. An acl for raifing a farther fum of money
for the proteclio?i of the frontiers, and for
other purpofes therein mentioned, 6%
XXVIII. An acl to provide for calling forth the mi-
litia to execute the laws of the union, f up-
prefs infurreclions and repel invafions, 8@
XXIX. An ad: for the relief of perfons imprifoned
for debt, 8®
XXX. An acl anthorifing the grant and convey*
ance of certain lands to fchn Cleves Symmes
and his affociates, 8 ©
XXXI. An acl to alter the time for the next an-
nual-meeting of Gongrefs, 82
XXXII. An acl concerning the duties onfpirits dif-
tilled within the United States, 82
XXXIII. An acl more effeclually to provide for the
national defence, by ejlablijhing an uniform
militia throughout the United States, ■ 9 2
XXXIV. An aff relative to the compenfations to cer~
E 57* 1
CHAPTER PAGE
tain officers employed in the collection of the
duties of impofl and tonnage, 99
XXXV. An acl to continue in force the acl, intitled,
" an acl to provide for mitigating or remit*
ting the penalties and forfeitures accruing
under the revenue laws in certain cafes"
and to make further provifion for the- pay-
ment of pen/ions to invalids, 103
XXXVI. An acl for regulating proceffes in the courts
of the United States, and providing compen-
fation for the officers of the faid courts, and
for jurors and witneffes,. 102
XXXVII. An aft making alterations in the ireafury
and war departments, no
XXXVIII. An acl fupplementary to the acl making
provi/zon for the debt of the United States, 115
x XXXIX. An acl to provide for a copper coinage, 120
XL. An acl for making compenfations to the- com-
mijjioners of loans for extraordinary ex-
penfes, 122
XLI. An acl making certain appropriations there-
in fpecified, 122
XLII. An acl refpecling the government of the
territories of the United States north-weft
and f out h of the river Ohio, 125
XLIII. An acl to compenfate the fervices- of the
late colonel George Gibfon, 127
XLIV. An acl concerning the claim of John Brown
Cutting againft the. United States, 127
Afts palled at the Second Seffionof tbe Second Congrefs.
CHAPTER PACE
I. An acl concerning the regiftsring and re-
cording ofjhips or veffels,
II. An att to amend an acl, intitled, "an aft
I-U
C 57* 3
CHAPTER PAGE
efiabli/Jjing a mint, and regulating the coins
of the United States "fo far as refpecls the
coinage of copper, 158
III. An acl to provide for the allowance ef in-
ter eft on the J um ordered to be paid by the
refohe of Congrefs, of the twenty-eighth
of September, one ihoufand feven hundred
and eighty-five, as an indemnity to the per-
fons therein named, 159
IV. An acl to continue in force for a limited
t'wie, and to amend the acl, intitled, " An
acl providing the means of inter courfe be-
tween the United States and foreign nations," 159
V. An acl regulating foreign coins, and for
other p urpofes , 161
VI. An acl relative to claims againfl the Uni-
ted States, not barred by any acl of limit a-
tio?l, and which have not been already ad-
jufced, 163
VII. An acl refpecling fugitives from juflice,
and perfons efcaping from the fervice of
their matters, 165
VIII. An acl for enrolling and Ucetijing fjips or
veffels to be employed in the coafting trade
andffheries, and for regulating the fame, ,168
IX. An acl providing compenfation to the Pre-
fideni and Vice-Prefident of the United
States, 19S
X. An acl to repeal part of a refoluiion of
Congrefs of the twenty-ninth of Augufi,
one thouf and feven hundred and eighty-
eight, refpecling the inhabitants of Pq/i
Saint Vincents, 199
XL An acl to promote the progrefs of ufeful
arts ; and to repeal the acl heretofore made
for thai purpofe, 20©
I 573 1
eBApTEJC , page,
XII. An acl to authorize the comptroller of
the treafury to fettle the account of Thomas
Wijhart,- late a lieutenant in the army of
the United States, 207
XIII. An acl to authorize the adjuflment ofaclaim
of Jofeph Henderfon againfi the United
States, 207
XIV. An acl making provifwn for the perfons
therein mentioned, 207
XV. An acl for repealing the fever al impofi-
laws of the United States, Jo far as they
may be deemed to impofe a duty on ufeful
be aft s imported for breed, 208
XVI. An acl in addition to, and alteration of
the acl, intiiled, " an acl to extend the
time limited for fettling the accounts of the
United States with the individual flat es," 209
XVII. An acl to regulate the claims to invalid
penfions, 2 1 &
XVIII. An acl making appropriations for thefup-
port of government for the year one thoufand
feven hundred and ninety-three, 213
XIX. An acl to regulate trade and inter courfe
with the' Indian tribes, lit
XX. An acl to af certain the fees in admiralty
proceedings in the diftricl courts of the Uni-
ted States, and for other purpofes, 222
XXI. An acl making an appropriation to defray
the expenfe of a treaty with the Indians
north-zve/loftheOhio, 225
XXII. An acl in addition to the act, intitled, " an
acl ' to ejiablijh the judicial courts of the
United States,' ' 225
XXIII. An acl to alter the times and places of hold-
ing the circuit courts, in the eaftern difhricl,
and in North-Carolina, and for other
purpofes, . 230
JO
[ 574 ]
CHAPTER FAKE
XXIV. An a8 fuppkmentary to the acl, intitlcd,
" an acl to provide more effectually for
the colleclion of the duties impofed by law
on goods, wares, and merchandize impor-
ted into the United States ,"and on the ton-
nage ofjhips or vcffcls,
XXV. An acl providing for the payment of the
firfl injiahnent due on a loan made of the
Bank of the United States, ' 236
XXVI. An acl for extending the time for receiving
en loan thai pari of the domejlic debt of the
United States, which may not be fubferibed,
prior to the firji day of March, one thou-
fand J even hundred and ninety-three, 2 37
XX VII. An acl fuppkmentary to the acl for the ef-
iablifhment andfupport oflight-hovfes, bea-
cons, buoys and public piers, 238
XXVIII. An acl providing an annual allowance for
the education of Hugh Mercer, 239
XXIX. An acl for the relief of Elijah Boflwick, 239
XXX . An acl making certain appropriations there-
in mentioned, 240
XXXI. An acl making addition to the compenfation
of certain public officers, 243
XXXII. An acl for the relief of Simeon Thayer, 243
The Treaties made by the United States of America,
with other Nations.
PAGE
Treaty of amity and commerce, concluded between
his Majefiy the King of Sweden and the United
States of North- America, 248
Arm'tftice declaring a ceffation of hvJiiUties between
the United States and Great-Britain, 29*
C 575 ]
PAG£
Treaty between the United States of 'America , and
the Sachems and Warriors of the Six Nations, 299
Treaty between the United States of America, and
the Sachems and Warriors of the Wiandot, Dela-
ware", Chippawa and Ottawa nation's, 303
Treaty of amity and commerce, between his Ma-
jejiy the King of Prujfia andthe United States of
America, 308
Treaty between the United States of America, and
the He ad-Men and Warriors of the Cherokees, 343
Treaty between the United States of America, and
the Choclaw Nation, 351
Treaty between the United States of America, and
the Chickafaws, 2,57
Treaty between the United States of America, and
the Chiefs and Warriors of the Shawanoe Na-
tion, 363
Treaty of peace and friendfhip between the United
States of America, and his Imperial Majejiy the
Emperor of Morocco, 367
Convention between his moji Chri/iian Majejiy and
the United States of America, 378
Treaty of peace and friend/hip between the United
States of America, and the Kings, Chiefs and
Warriors of the Creek Nation of Indians, 401
Articles of agreement and confederation, between
the United States of North- America and the De-
laware Nation, 409
Treaty between the United States of America, and
the Sachems and Warriors of the Wyandot, De-
laware, Ottawa, Chippewa, Pattawatima and
Sac Nations, 415
Treaty of peace and friendfhip between the Prefi-
dent of the United States of America, and the
Chiefs and Warriors of the Cherokee Nation
•f Indians, 425
C 57$ ]
PAGE
Treaty between the United Slates of America, and
the Cherokee Indians, 433
Treaty between the tfnited States of 'America, and
the tribes of Indians called the Six Nations, 437
Treaty between the United States and the Oneida,
Tufcorora, and Stockbridge Indians, 445
Treaty of peace between the United States of Ame-
rica and the tribes of Indians, called the Wyan-
dois, Delawares, Shawanoes, Ottawas, Chipe-
was, Putawatimes, Mia?nis, Eel-river, Weds,
Kickapeos, Piankajhaws, and Kaflmfkias, 449
Treaty of amity, coimnerce and, navigation, bet-ween
his Britannic Majefly and the United States of
America, 463
Treaty: of peace and amity between the Dey of Al-
giers and the United States of America, 499
Treaty offriendfhip, limits and navigation, beHveea
the United States of America, and the King of
Spain, 50 $
Declaration of Independence, 541
Articles of confederation and perpetual union be-
tween thefiates of New-Hampjhire, Majfachu-
fetts-Bay, Rhode-Ifland and Providence Plan-
tations, Conneclicut, New-York, New-Jerfey,
Pennfylvania, Delaware, Maryland, Virginia,
North-Carolina, South -Carolina, and Georgia, 547
An ordinance for the government of the territory of
the United States north -weji of the river Ohio, 559
PRINTING
Done with Accuracy and Expedition, by
RICHARD FOLWELL,
No. 33, Carter's Alley.
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